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. Circumstances change. Each of these events can make it necessary to seek a divorce modification.
What Does Divorce Modification Entail?
Divorce modification encompasses only certain terms of your divorce settlement:
- Child Custody
- Child Support
To have your divorce settlement altered, you need to prove that your circumstances have changed significantly since your divorce was finalized.
Can You Have Your Alimony Agreement Altered?
In Florida, alimony is awarded according to 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
If your ex-spouse gets a higher-paying job or inherits a large sum of money, you don’t necessarily have grounds for seeking more alimony. You must also prove your own need for more financial support.
Similarly, a person seeking a divorce modification for lower alimony payments must prove a significant change in personal financial circumstances. This could be job loss, inability to find a job, failing health or significant increase in debt.
Now, say the ex-spouse to whom you’re paying alimony gets remarried or moves in with a significant other. Your alimony payments will likely be reduced or eliminated 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.
Seeking Divorce Modification in Florida?
If you’re ready to seek divorce modification 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.