After your divorce proceedings, the court may award alimony to you or your spouse. Florida eliminated permanent alimony for actions filed after July 1, 2023, but it may still exist for divorces from prior years. Recent guidelines established new criteria that may make changes easier.
Florida allows modifications if you can prove a big change in your or your spouse’s circumstances. If a life change affects your finances, you may qualify. Some reasons for alimony alterations include the paying spouse’s unexpected job loss or the receiving spouse’s eventual financial independence.
Because your financial needs can change over time, you may find spousal support terms to be lacking. Let’s look at the types of modifiable maintenance.
Types of modifiable alimony
You may only alter specific types of spousal maintenance in Florida. Generally, you may not change types that have a fixed, lump-sum amount. You may only modify alimony that is paid periodically. Here are some types of spousal support that you may alter:
- Durational: This type of maintenance lasts until a clear expiration date. Florida generally allows modification of the amount, but you may only change the duration under exceptional circumstances.
- Rehabilitative: In Florida, courts award these types of temporary payouts to dependent spouses who need to find their footing. You can alter this agreement if the dependent does not stick to the rehabilitation plan or becomes independent sooner than expected.
- Permanent: Florida permits modification of permanent spousal support amounts and the law also allows terminating the support entirely.
In 2023, the state allowed modification or termination of spousal support upon retirement. An inability to pay support can count as grounds for alteration.
The modification process
Should you wish to change your spousal support terms after divorce, you must have a valid reason. Changes to your life circumstances must not be expected, temporary or completely voluntary.
Start gathering proof to present your case. Seek a legal professional for assistance in court processes. You will have to file a Supplemental Petition for Modification of Alimony and formally serve your ex-spouse. Your financial records may serve as documents to prove your change in circumstances.