An alimony modification requires court approval. An alimony modification can be attempted if alimony was originally ordered and “a substantial change in circumstances” since the entry of the Final Judgment can be shown to exist
A modification cannot exist if alimony was never originally granted.
Alimony modifications can be complex, but certain factors can arise that may result in a favorable court decision for your case. Understanding alimony laws in Florida requires a highly experienced family attorney who regularly deals with alimony- especially with the recently signed new bill that eliminated permanent alimony in Florida.
Can alimony payments be adjusted?
Most of the time yes, alimony payments can be adjusted as long as a case can be made for a modification. The modification can either terminate, increase, or decrease the alimony paid to your ex-spouse.
Florida divorce law §61.14 states that alimony payments may be modified if either party can prove a substantial change in circumstances since the entry of the Final Judgment
What factors may be considered “substantial” in an alimony modification case?
- If the recipient ex-spouse remarries or is in a supportive relationship. This may include a situation where the alimony recipient is co-habiting with a new partner.
- If there’s a substantial and permanent change to the payor or recipient’s income.
- If the payor retires.
- If a substantial inheritance is received by the recipient.
- If either spouse passes away.
- If a medical emergency arises that results in long-term health issues for the payee.
This list represents just a few of the various conditions that may result in an alimony modification. For more information unique to your case, please schedule a consultation with Attorney Sara Singer.
What can I do if my ex-spouse stops making alimony payments?
If your ex-spouse stops making alimony payments, you may end up in a challenging financial position. However, there are legal options you can pursue with the help of an experienced family law attorney.
One of the most common courses of action will be to have your attorney file for a motion for contempt with the court. Failure of your ex-spouse to make alimony payments following a contempt action can result in various consequences, including wage garnishment, fines, or even jail time in extreme cases.
Do I still have to pay alimony if my ex-spouse remarries?
In Florida, alimony payments generally terminate if the recipient spouse remarries but it may not be automatic. Like with any legal case, exceptions may exist, which is why working with an experienced alimony lawyer is critical to ensure your interests are fought for.
If your ex-spouse remarries and you believe it should impact your alimony obligation, speaking with Attorney Sara Singer is the next step to understanding your specific situation.