When is Alimony Modifiable?

Most types of alimony available under Florida law can be modified where there has been a substantial change in circumstances.  Modification of alimony is based on need and ability to pay.

Examples of situations where a modification of alimony may be warranted include a substantial reduction in the income of the party paying alimony, an increase in the income of the party receiving alimony, a reduction in the expenses of the receiving party, or  the receiving party entering into a new supportive relationship since the judgement or agreement awarding alimony.  The court may consider if a change is temporary or permanent, whether it is voluntary or involuntary, and other such factors in making its determination. A modification of alimony can be a downwards or upwards modification.

The statutory right to modification of alimony, unless specifically waived, is as a matter of law incorporated into a judgment or agreement awarding alimony. However, modification of alimony can be waived in an agreement establishing alimony if explicitly stated in an agreement.

It the type of alimony awarded in your case is modifiable and modification is warranted by the circumstances in your case alimony may even be reduced to zero. The modification of alimony is meant to be retroactive to the date of the filing of the alimony modification action.

If you need help in a modification of alimony case or accessing if you are a good candidate to seek a modification of alimony contact us for a consultation (786) 539-4935.




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