Alimony, or spousal support, may get awarded to one spouse after a divorce in Florida. But what happens if circumstances change? Can you modify the amount or duration of alimony payments?
Understanding alimony modifications
In Florida, you can request a modification to your alimony agreement after divorce if a significant change in circumstances occurs. For example, if the paying spouse experiences a substantial decrease in income or if the receiving spouse remarries or begins cohabiting with a new partner, either of these events could be grounds for a modification.
However, not all changes meet the standard for a “significant” enough modification. For instance, if a spouse simply decides they no longer want to make alimony payments, that won’t be enough. The change in circumstances must be something substantial and unforeseen at the time of the original divorce.
Types of alimony modifications
Florida recognizes different types of alimony, including bridge-the-gap, rehabilitative, and durational alimony, each with different rules regarding modification. For instance, bridge-the-gap alimony helps a spouse transition from being married to living independently. This type of alimony cannot get modified, since it is typically temporary and short-term.
Rehabilitative alimony, on the other hand, helps a spouse gain the skills necessary to become self-supporting. If the spouse receiving this type of alimony no longer needs it due to career progress or other factors, a modification might be possible.
When a modification is not possible
Some scenarios do not allow modification of alimony. For example, if both parties agreed to a specific alimony amount in a final judgment or settlement agreement, and there is no provision for modification, that agreement typically stands. In such cases, both parties must agree to a change, or a court must rule on the issue.
Changes in your life may alter your financial needs or abilities, but altering alimony post-divorce isn’t always a straightforward process. Be sure to understand when and how modifications are possible before moving forward.