Modification of Alimony in Florida

Modification of Alimony - Important Considerations
Alimony modification may result from the following:

  • Recipient spouse in a supportive relationship may entitle payor to modify or terminate
  • Substantial, material, permanent, involuntary change in payor’s income
  • Substantial, material, permanent change in recipient spouse’s income
  • Retirement
  • Inheritance, gift or award
  • Emancipation of children
  • Temporary, substantial, material, involuntary change in payor’s income

Keep in mind:

  • Remarriage results in termination of alimony
  • Alimony ends upon the death of either spouse
Florida boasts some of the most progressive laws regarding alimony awards and modifications. If during your divorce proceedings you were given or ordered to pay an alimony award, you may be able to change it. For an alimony award to be eligible for modification, there has to have been substantial changes present when the alimony was determined.

If you are the payor of an alimony award, you may be eligible to request modification if you were subject to:

  • Substantial, permanent or temporary, long-term loss of income
  • Retirement
  • Children are no longer minors

Circumstances regarding the recipient of alimony also determines if modification or termination is possible. For example:

  • If the recipient had a major, permanent change in their income
  • They received an inheritance, gift or award that significantly changes their financial circumstances
  • If they are currently in a supportive relationship with someone else

If it is decided in your court case that no alimony will be awarded, there is no way to get around that in the state of Florida, and there will never be an alimony award for that case.

Did You Know?

Does inheritance qualify for modification with alimony?

In Florida, if a spouse receives inheritance after the divorce is final, the court can make adjustments or terminate alimony payments. If the paying spouse receives an inheritance, the receiving spouse can request an increase in alimony payments and vice versa.

Nominal alimony

Nominal alimony may be granted when there is a strong case for the recipient to receive alimony but the payor is unable to make sufficient payments. This will allow the court to order the payor spouse to make small payments, such as one dollar per year, in order to reserve the ability to modify that alimony award in the future if the payor’s finances increase.

Reasons that would not make alimony modifiable:

  • Expenses of a second marriage
  • Voluntarily quitting your job or getting fired on purpose
  • Showing moderate improvement in the payee’s economic status

Process of Modifying Alimony

The process of modifying your alimony awards starts with filing a petition in the same county where the original divorce was filed. The supplemental petition must include:

  • Names and addresses of both spouses
  • Date of divorce
  • Original amount of alimony with the payment schedule
  • Explanation of the changes that were made prompting this request
  • Copy of original divorce decree
  • Signature from a notary or deputy court clerk
  • Family Law Financial Affidavits that detail both spouse’s financial status
  • Certificate of Compliance with Mandatory Compliance which certifies each spouse knows the information is true

When both spouse agree to the modification, a written agreement will be made. If the spouses only agree to some but not all of the changes, theses can be referred for mediation or will be decided by the judge if they are approved.

Whether you are the payor or the recipient of an alimony award, there can be justifiable opportunities to request a modification from the Florida courts system. You can get an estimate on how much alimony you will pay with our Florida alimony calculator. For more specific information on modifying your alimony award, contact us by calling (813) 930-5542 or fill out the form at the top right.