If you’ve been through a divorce, you probably just want to move on with your life. Unfortunately, things change over time. Finances improve or get worse. Health can unexpectedly decline. Changes to our circumstances can make it impossible to meet our original alimony obligations or survive on a small alimony award.
If you are unhappy with your current divorce settlement and alimony agreement, it may be time to seek a divorce modification with a trustworthy Florida family law attorney.
Let’s discuss some important element elements of divorce modification and alimony in Florida.
Divorce modification only covers certain terms of your divorce settlement:
- Child Custody
- Timesharing
- Alimony
- Child Support
In order to have your divorce settlement altered, you’ll need to prove that your circumstances have changed significantly since your divorce judgement was made.
For instance, many individuals seek changes to their alimony judgment years after their initial divorce decree.
In Florida, alimony is awarded based on one party’s need for financial support and the other party’s ability to provide it. Alimony in Florida is generally open to modification of amount and duration.
If you’ve lost your job or hit a financial snag, you may need to seek modification of your alimony payments.
If you need to increase your alimony settlement--and your ex-spouse has the ability to pay more--an alimony modification may be the answer.
Of course, like most things regarding divorce, there are exceptions.
You cannot seek an alimony modification if:
- Your original divorce decree awarded no alimony
- Your original divorce decree specified un-modifiable alimony agreement
- You cannot prove both your need for an alimony increase and your former spouse’s ability to pay
An ex-spouse getting a higher paying job or inheriting a large sum of money isn’t necessarily grounds for seeking higher alimony payments with a divorce modification. You must also prove your own need for higher alimony payments from your ex-spouse.
Similarly, a person seeking a divorce modification for lower alimony payments must prove a significant change in personal circumstances. This could be job loss, inability to find a job, failing health or significant increase in debt.
If the ex-spouse to whom you are paying alimony gets remarried or begins co-habitating with someone else, your alimony obligation will likely be reduced or terminated altogether. You may need to present evidence of your ex-spouse’s changed marital status or living arrangement to the court in order to get your alimony obligation terminated.
If you’re ready to seek modification of your divorce agreement in the state of Florida, you need a family law attorney who can help you navigate the process.
Laura Spencer Coleman has decades of experience helping Florida residents negotiate amicable changes to their divorce settlements. If we can’t secure amicable changes, we are prepared to fight aggressively for what you deserve.
Contact the law office of Laura Spencer Coleman today.
