Modification of Spousal Support
In Florida, spousal support (alimony) can be modified or terminated if there has been a substantial, material, and unforeseen change in circumstances since the original order was issued. Modifications ensure that alimony reflects current realities for both parties.
When Can Alimony Be Modified?
Modifications may apply to rehabilitative, durational, or permanent alimony. However, bridge-the-gap alimony is non-modifiable. Common reasons for modification include:
• A significant change in income (e.g., job loss, promotion, or retirement).
• The remarriage or cohabitation of the recipient spouse.
• Increased financial obligations or medical expenses.
The change must directly impact the financial need of the recipient or the ability of the paying spouse to provide support.
Steps to Modify Alimony
1. File a Petition for Modification:
• Submit a petition to the court that issued the original alimony order. Include evidence of the substantial change in circumstances.
2. Serve the Other Party:
• Notify the other party by providing them with the petition and supporting documents.
3. Engage in Discovery:
• Exchange financial records and evidence to support or contest the modification request.
4. Attempt Mediation:
• Mediation is often required to resolve disputes before proceeding to a court hearing.
5. Attend a Court Hearing:
• If mediation fails, present evidence and arguments to the judge. The court will decide whether to approve the modification based on the evidence provided.
Retirement and Cohabitation Considerations
• Retirement: Florida law allows for modifications when the paying spouse retires in good faith. The court will evaluate whether retirement is reasonable and how it impacts both parties financially.
• Cohabitation: Alimony may be reduced or terminated if the recipient spouse enters a supportive, long-term cohabitating relationship. Evidence of shared expenses or financial interdependence is critical.
Example Scenario
Original Order: Spouse A pays $2,500 per month in durational alimony for 10 years.
Change in Circumstances: Spouse A retires, significantly reducing their income.
• Spouse A files a petition to reduce alimony.
• The court evaluates evidence of Spouse A’s reduced income and Spouse B’s financial needs.
• After review, the court reduces alimony to $1,200 per month for the remaining term.
Key Considerations
• The burden of proof is on the party seeking the modification.
• Changes are generally applied prospectively unless ordered otherwise by the court.
• Legal fees are typically borne by each party unless the court decides otherwise.
Modifying alimony in Florida is a nuanced process requiring strong evidence and legal knowledge. For guidance tailored to your situation, contact Miller Legacy Law to protect your interests.
