Many people think alimony agreements are permanent once they’re signed. This isn’t always true. Even if you and your ex-spouse agreed on alimony terms during your divorce, Florida law allows for changes when circumstances shift significantly.
What are the grounds for modification?
The main grounds for alimony modification in Florida include:
- Substantial changes in either party’s financial circumstances or ability, such as involuntary job loss or long-term disability affecting earning capacity
- The receiving spouse entering a supportive relationship, which means that they are living with someone who provides financial support or shares financial responsibilities in a manner similar to marriage
- The paying spouse’s retirement at normal retirement age, as defined by the Social Security Administration or customary for their profession
- Changes that were not contemplated at the time of the original agreement, such as unforeseen medical conditions or relocation requirements for employment
A person can request to modify their alimony, whether it’s ordered by a court or agreed upon by both parties. However, it’s important to carefully review your settlement agreement. It may list specific steps you need to take before asking for modification.
Your agreement might say you need to try mediation first. It may even specify what counts as a substantial change in your situation. These terms might affect how and when you can ask the court to modify your payments.
What is the process like?
To request a modification, you must file a petition with the same court that handled your divorce. You’ll need to prove your circumstances have changed substantially. You must also show that the change is permanent and involuntary. Simply wanting different payment amounts isn’t enough – you must demonstrate genuine need or inability to pay.
Courts will carefully examine both parties’ current financial situations during this process. You may need to provide:
- Financial affidavits
- Recent tax returns
- Pay stubs
- Other proof of income or expenses
Keep in mind that some modification requests might trigger a full review of both parties’ finances, not just those related to the specific change you highlighted.
Understand your options
Changing alimony isn’t simple, especially if there’s an agreement or settlement involved. However, you don’t have to figure it out alone. An attorney can help you make informed decisions about your next steps.