Alimony, also known as spousal maintenance or spousal support, can be one of the most contentious aspects of a divorce. One spouse may have to provide regular financial support to the other even after the courts formally end the marital relationship.
The spouse requesting financial support may have made personal sacrifices for the family. By deprioritizing their career or staying home to raise children, they sacrifice future earning potential. In cases where divorcing spouses have vastly different incomes, the lower-earning spouse may be able to ask the courts for alimony.
Typically, alimony orders impose a specific monthly financial obligation that lasts for a set number of months. However, sometimes the financial circumstances of the family change. The spouse paying for support might take a lower-paying job, for example. What can happen to alimony after one spouse’s income decreases?
Alimony modifications are sometimes possible
It is common for the party receiving alimony to want to receive the most they can for the longest time possible. The party paying for alimony usually desires the opposite. Especially if their income decreases substantially, they may want to limit how much they pay.
A significant change in economic circumstances might lead to an alimony modification hearing. The spouse paying typically needs clear evidence that there has been a significant change in their circumstances if they hope to convince the courts to reduce their alimony payments.
The other spouse can potentially fight back against the request, possibly by showing that the reduction in income was voluntary or intentional. The courts can impute income in cases where one spouse appears to be intentionally underemployed or voluntarily unemployed as a means of avoiding financial obligations. The courts can base alimony calculation on what the spouse should be able to earn, not what they currently receive in wages.
Provided that the drop in income was outside of the control of the paying spouse, the courts may reduce the alimony payments they must make. It may also be possible to end alimony early if the recipient spouse improves their circumstances or remarries.
Learning more about the rules that apply to alimony disputes during Florida divorces can help people secure the best outcome possible. Spouses can sometimes alter alimony orders when their circumstances change significantly and payments become a source of economic hardship.