Modification of Alimony
Most types of alimony are not set in stone. Alimony is based on the situation of the parties at the time of the award. When a career change, shift in income, or other new circumstance arises, the alimony award may no longer be realistic. In such cases, it may be necessary to petition the court for an increase, reduction, or termination of alimony.
Many different life circumstances affecting the recipient and the payor may warrant an alimony modification. For example, an upward or downward modification may be based on a:
- Salary increase or decrease
- Loss of a job
- Health issues
- Remarriage, cohabitation, or entry into a supportive relationship
Establishing or contesting an alimony modification requires numerous legal steps and court appearances. As in divorce proceedings, it is critical to present relevant and detailed evidence to meet the legal standards pertaining to alimony modifications. It is important to obtain professional guidance from an attorney who is familiar with and experienced in alimony modifications.Drawing on Our Legal and Financial Acumen to Present Clients’ Cases
At the law firm of Matthew Lane & Associates, P.A., in Palm Beach County, we possess the experience, financial acumen, and sophistication necessary to successfully prosecute and defend modification actions. With over 30 years of experience in the legal and financial realm, clients receive prompt and effective legal representation in the most efficient, cost-effective manner.
Our law firm is dedicated to excellence in all aspects of the practice of law. We adhere to the highest standards of professionalism and integrity as we pursue the best possible outcome for our clients.Florida Law Governing Modification of Alimony
When the parties enter into an agreement for the payment of alimony, or when a party is required by court order to make alimony payments, and the circumstances or the financial ability of either party changes, either party may apply to the Circuit Court for an order decreasing or increasing the amount of alimony. The Circuit Court has jurisdiction to make orders decreasing, increasing, or confirming the amount of alimony provided for in the agreement or court order.
In order to obtain an alimony modification, there must be a substantial change in the financial circumstances of one of the parties that occurs after the entry of the order awarding alimony. The change must not be contemplated at the time of the final judgment of dissolution. And the change must be sufficient, material, involuntary, and permanent in nature.Florida Law Governing Cohabitation and Supportive Relationships
The court may reduce or terminate an award of alimony when a supportive relationship exists. Some of the factors that Florida courts look at to determine whether a supportive relationship exists are:
- The extent to which the payee and the other person have held themselves out as a married couple
- The period of time that the payee has resided with the other person
- The extent to which the payee and the other person have pooled their assets or income
- The extent to which the payee or the other person have supported each other
- Whether the payee and the other person have jointly contributed to the purchase of any real or personal property
To learn more about how we can assist you in modifying alimony or contesting a proposed modification, call our law firm at (561) 363-3400 or contact us online. We provide consultations within 24 hours of the time that you call.
Our firm has convenient locations in Palm Beach Gardens, West Palm Beach and Wellington, Florida.