This is my next article in a series discussing the modification of alimony in Melbourne, Florida. My previous article provided an overview of the topics which I will be discussing including when spouses may request a modification, the process, and when discovery and trial may be necessary. It also highlighted the importance of hiring an attorney for help to ensure the process goes as smoothly as possible. In this article, I will be discussing when spouses may request an adjustment of spousal support. If you or a family member need help preparing a request for a modification then contact my office to speak with a lawyer.
Florida spouses can request a spousal support adjustment if circumstances have changed
Not all alimony is eligible for modification. A Florida alimony order may be either modifiable or non-modifiable. Whether it is one or the other depends on the language of the divorce decree or settlement agreement. Courts will generally honor an order that clearly states that alimony is non-modifiable even if circumstances change. Either party may petition the Court for a change if the alimony is modifiable. This is often the case with durational or permanent alimony. Durational alimony is meant to provide a former spouse with financial support for a set period of time. Permanent alimony is an order for one former spouse to provide financial support to the other for life or until that person enters into a new marriage. The key requirement for a modification is a substantial, material, and unanticipated change in circumstances that affects the ability to pay or the need to receive support. A paying spouse who loses their job or retires may need to reduce payments. A receiving spouse may seek an increase after becoming disabled or losing their job.
Temporary or minor changes in income or expenses are typically not sufficient for a Florida Court to modify alimony. The change must be ongoing and significant in order to constitute changed circumstances. Brief periods of unemployment, temporary illness, or short-term financial hardship may not meet the threshold to justify an adjustment. This is because judges do not want to modify alimony based on changes that could change again in a short time.
Consider a couple with a divorce decree that includes permanent alimony. One former spouse pays $2,000 each month to the other. When the paying spouse retires, his income significantly drops. He can request that alimony be reduced or terminated as long as the retirement was reasonable and in good faith. Another example would be where a receiving spouse loses their job and immediately files for an increase. The receiving spouse finds a new job with a similar salary within the same month. The change in this situation was temporary and likely not sufficient to justify a modification.
Retain a Melbourne alimony lawyer to help with spousal support adjustments
Alimony modification cases can be complicated legally and factually. An attorney provides invaluable guidance in these matters. They can help determine whether a change in circumstances constitutes a substantial change, whether the change was anticipated, and if there is a reason to reduce or eliminate support. The issues in these cases are not always straightforward which makes the guidance of an attorney beneficial.
The legal process of requesting a modification is not straightforward either. Filing a petition requires understanding and following court procedures. A case can quickly become complicated if a request is contested. An experienced attorney can guide an individual through each step of the process, gathering evidence and representing their client’s interests in Court.
Contact my office if you are in need of assistance. We also serve the cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.