Blog

Modification of Alimony in Florida

In Florida, alimony is awarded during divorce proceedings to provide financial support to a spouse who has been economically disadvantaged. However, over time, circumstances may change, which may justify a modification of alimony. This article explores the legal principles and statutory provisions governing the modification of alimony in Florida. It reviews relevant Florida statutes, particularly those codified in Chapter 61, and highlights how courts interpret and apply these statutes. The article also provides an analysis of the grounds upon which alimony may be modified and discusses the challenges involved in seeking such a modification.

Alimony is a financial award made to one spouse following a divorce or legal separation, intended to support the lower-earning spouse and ensure financial stability post-divorce. While alimony is intended to be a tool for providing ongoing financial assistance, it is not a permanent fixture. As life circumstances change for either or both spouses, it is possible to seek modification of alimony. In Florida, the modification of alimony is guided by statutory provisions in Chapter 61 of the Florida Statutes and judicial interpretation through case law. This article examines the framework for modifying alimony in Florida, including the statutory grounds and procedural requirements for requesting such a modification.

Florida Statutes Governing Alimony Modification

Florida’s statutory framework for alimony is primarily found in Chapter 61 of the Florida Statutes, which addresses dissolution of marriage, support, and time-sharing. Specifically, Section 61.14 of the Florida Statutes governs the modification and enforcement of alimony awards.

Section 61.14: Modification of Alimony

The modification of alimony under Section 61.14 is premised on several key legal grounds, each of which requires substantial evidence. The most common grounds for modification include:

1. Substantial Change in Financial Circumstances: This is the most common ground for seeking modification, encompassing situations where there has been a significant increase or decrease in either party’s income or ability to support themselves. A change in income may stem from job loss, illness, or other financial setbacks.
2. Cohabitation: The receiving spouse’s cohabitation with another individual in a relationship akin to marriage can impact the need for alimony. While cohabitation does not automatically terminate alimony, it is a factor that courts consider when evaluating whether the need for support remains.
3. Retirement: The retirement of the paying spouse may result in a reduced ability to pay alimony, particularly if the spouse has been paying a significant portion of their income. Courts have considered whether the retirement is voluntary or mandatory and whether it significantly impacts the spouse’s financial situation.
4. Remarriage: The remarriage of the recipient spouse typically terminates alimony unless the original divorce agreement specifies otherwise. Florida courts generally presume that remarriage indicates a change in the financial needs of the recipient spouse.

The court will examine whether the change in circumstances is substantial enough to justify a modification and whether the modification is in the best interests of both parties.

Procedure for Requesting Modification

The process for requesting a modification of alimony in Florida follows the filing of a petition with the court that issued the original alimony order. The petition must include a detailed explanation of the substantial change in circumstances that justifies the modification. The requesting spouse is responsible for proving that the change is both substantial and permanent.

Once the petition is filed, the court will hold a hearing to determine whether the requested modification is warranted. Both spouses may present evidence, and the court will evaluate whether the change in circumstances affects the fairness of the original alimony award. If the court determines that a modification is appropriate, it will issue an order adjusting the alimony obligations.

Challenges in Modifying Alimony

The process of modifying alimony in Florida can be complex, and spouses seeking modification may encounter challenges. The burden of proof lies with the requesting spouse to demonstrate a substantial change in circumstances. Additionally, the court will examine whether the change is permanent and whether it has been substantial enough to warrant a modification of the existing alimony order.

Conclusion

In conclusion, the modification of alimony in Florida is governed by Chapter 61, particularly Section 61.14, which sets forth the criteria for modification based on substantial changes in circumstances. This article provides important guidance on how courts apply these statutory provisions, ensuring that modifications are fair and equitable. While the modification process can be complex, it provides an important mechanism for ensuring that alimony awards remain just and appropriate in light of changing financial and personal circumstances. Legal practitioners and spouses alike must carefully navigate the statutory and procedural requirements to achieve a successful modification of alimony.

Remember, a skilled divorce attorney can make a monumental difference in the determination of whether alimony is modified and the amount of that modification.  That is why we invite you to contact the Sherrard Law Group for a consultation with one of our experienced divorce attorneys. In addition to assisting in understanding how alimony may affect you, we will provide you with the support you need to handle other issues that may arise as divorce proceedings develop. The qualified attorneys at the Sherrard Law Group will work diligently to help you receive a reasonable and fair divorce outcome. We look forward to serving as your trusted legal representatives during this difficult time.