Matthew Lane & Associates, P.A.
In light of COVID-19, Matthew Lane & Associates will be able to meet with new clients via Zoom. To discuss your options, please call the office. Thank you!

Modification of Alimony in Palm Beach County, Florida

Modification of Alimony was recently discussed by the Florida Court of Appeal in a case captioned Inman v. Inman. In this case the former husband sought appellate review of a trial court order denying his supplemental petition for modification of alimony. The former husband sought to terminate his alimony obligation based upon the remarriage of his former wife. He also sought modification based on the parties change in financial circumstances. The Florida Court of Appeal reversed the trial court based on its inappropriate application of the standard to modify alimony awards.

The parties divorce decree provided that the former husband was to make payments to the former wife for the remainder of her life. The former husband sought termination of his alimony obligation based upon Florida Statute Section 61.08(8), which provides that an award of permanent alimony terminates upon the death of either party or the remarriage of the party receiving alimony. The Florida Court of Appeal ruled that if the parties enter into a marital settlement agreement that provides that alimony shall continue despite the remarriage of the recipient spouse, then this agreement is valid and binding and supersedes the provisions contained in Florida Statute Section 61.08(8).

The former husband also sought modification of alimony based upon the former wife's changed financial circumstances due to her remarriage. Florida law provides for the modification of alimony, under certain circumstances, based on the changed financial circumstances of the parties. In order to obtain an alimony modification there must be a substantial, material, permanent, and involuntary change of circumstances that was not contemplated at the time that the final judgment was issued. The Florida Court of Appeal remanded to the trial court to determine whether the former husband could prevail on this basis.

To speak with a modification of alimony attorney in West Palm Beach, Florida, contact Matthew Lane & Associates, P.A. at (561) 328-1111.

No Comments

Leave a comment
Comment Information

Request Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response

Palm Beach Gardens Office
The Financial Center at the Gardens
3801 PGA Boulevard
Suite 600
Palm Beach Gardens, Florida 33410

Toll Free: 800-411-3434
Phone: 407-917-5005
Phone: (561) 328-1111
Fax: (561) 472-1568
Map & Directions

Wellington Office
Wellington Reserve
1035 South State Road 7
Suite 315
Wellington, Florida 33414

Toll Free: 800-411-3434
Phone: 407-917-5005
Fax: (561) 472-1568
Map & Directions

West Palm Beach Office
Phillips Point
777 South Flagler Drive
Suite 800
West Palm Beach, Florida 33401

Toll Free: 800-411-3434
Phone: 407-917-5005
Fax: (561) 472-1568
Map & Directions

Boca Raton Office
One Boca Place
2255 Glades Road
Suite 324A
Boca Raton, Florida 33431

Toll Free: 800-411-3434
Phone: 407-917-5005
Fax: (561) 472-1568
Map & Directions