Coral Springs, Florida, Alimony Lawyer
Parkland Spousal Alimony Lawyer
Modifying Alimony/ Spousal Support in Florida
Alimony, or spousal support, is paid by one spouse to another following divorce.
In the years following a divorce, both spouse’s circumstances can change. A change in income, remarriage, retirement or change in financial need can necessitate a modification of temporary or permanent alimony. At the Law Offices of Mark Abzug P.A. we assist clients who wish to modify their alimony obligation so it accurately represents their current income.
How is Alimony Calculated?
Alimony isn’t based on a mathematical formula. It is decided on a case-by-case basis. The courts look at many factors, including:
- Each spouse’s income
- Earning potential
- Financial needs
- Health of each spouse
- Age of each spouse
Just as alimony is initially determined, the courts consider these same factors in determining modifications. If the paying spouse has a reduction of income, the court may reduce the alimony obligation, depending on the circumstances involved with the reduction of income. The paying spouse cannot quit a job and accept a lower paying job in order to reduce the alimony obligation. The reduction in income must be involuntary.
Living with Another Person
The court also has the power to reduce alimony if the receiving spouse is living with another person in a supportive relationship. The court will look at the nature of the relationship, how the two are living (if their relationship is like that of a married couple), and how they are managing their living expenses. For further information on the factors the court will consider, please review Florida Statute § 61.14.
Retirement and Alimony
When the spouse paying alimony chooses to retire, is he or she still expected to pay alimony? The answer is yes. Without a modification, the paying spouse is still required to provide financial support to the receiving spouse. However, this is a topic frequently addressed in a modification hearing and the court can choose to terminate or reduce alimony accordingly. It should be noted that the paying spouse cannot quit a job to the detriment of his or her ex-spouse. The court will consider what the normal retirement age is for that profession; For example, if a pilot is required to retire at age 62, but instead retires at age 50, the court may decide to not reduce the alimony obligation.