Matthew Lane & Associates, P.A.
Palm Beach Gardens, West Palm Beach And Wellington, Florida Offices 561-328-1095

Modification of Alimony in Jupiter, Florida

To obtain a modification of alimony, the party seeking the change must prove that there is a substantial change in circumstances, that was not contemplated at the time of the final judgment, that is sufficient, material, involuntary, and permanent in nature. In Albu v. Albu the Florida Court of Appeal recently stated that: "In this appeal, the former husband argues that the alimony should have been terminated rather than reduced, because his income...did not meet his expenses... 

In making this claim, he completely ignores the fact that if alimony were terminated, the former wife would have no income and thus could cover none of her own expenses. Based on the circumstances of this case, the trial court did not abuse its discretion in reducing the alimony obligation to $900. 'To warrant a modification of alimony, the party seeking the change must prove: 1) a substantial change in circumstances; 2) that was not contemplated at the time of the final judgment of dissolution; and 3) is sufficient, material, involuntary, and permanent in nature.' Koski v. Koski, 98 So. 3d 93, 95 (Fla. 4th DCA 2012) (quoting Damiano v. Damiano, 855 So. 2d 708, 710 (Fla. 4th DCA 2003)). Nevertheless, the need of one spouse and the ability to pay of the other spouse continue to be the most important factors to consider in modification proceedings. Boone v. Boone, 3 So. 3d 403,404 (Fla. 2d DCA 2009). In determining the extent of modification, the trial court should consider those factors listed in section 61.08, Florida Statutes, to the extent that they are relevant in a modification proceeding. See Donoff v. Donoff, 940 So. 2d 1221, 1223 (Fla. 4th DCA 2006). These factors include each party's financial resources, earning capacities, employability, and sources of income. See ยง 61.08(2)(a)-(j), Fla. Stat. (2012). The appellate court reviews an order on a motion to modify alimony based on an abuse of discretion standard. Garvey v. Garvey, 138 So. 3d 1115, 1118 (Fla. 4th DCA 2014).

To speak with a divorce attorney in Jupiter, Florida, contact Matthew Lane & Associates, P.A. at (561) 651-7273.

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