In the state of Florida, alimony is typically modifiable in both amount and duration. But, in some cases alimony can specifically be non-modifiable. If a judge granted alimony that is non-modifiable or did not grant alimony at all, alimony cannot be modified or granted. This article explains the specific lifestyle changes that can allow alimony to be modified or ended.

When alimony is modifiable in Florida

florida alimonyIn Florida, before you can modify your alimony you must file a modification of alimony. In order to file, you must have what is known as a “Substantial Change in Circumstances.” These types of changes were not anticipated at the time that the alimony was granted by the court. The following are changes, but are not limited to, that may qualify as a “Substantial Change in Circumstances.”

  • Health issues
  • Long-term unemployment
  • Gifts
  • Large raise
  • Substantial inheritance
  • Lottery winnings
  • Availability of medical insurance
  • Payer’s long-term involuntary decreased ability to pay
  • Retirement by the payer
  • Voluntary changes in circumstances that are smart and well thought out decisions
  • Payee gets remarried
  • Payee fraud in obtaining alimony

When alimony may not be modifiable in Florida

The following are circumstances that may not be modifiable in Florida courts:

  • Expenses of a second marriage
  • Moderate showing of the improvement in the payee’s economic situation
  • Award of lump sum alimony or bridge-the-gap alimony
  • Marital settlement agreements that specifically waive the right to modify alimony
  • Voluntarily quitting your job
  • Getting purposely fired

In Florida, alimony cannot be awarded after the case has been closed out. If the judge did not grant alimony at the time of the divorce, you cannot go back and modify the judgement to get alimony.

Florida’s cohabitation law

Florida’s Cohabitation Law ends permanent alimony if the payee enters a new supportive relationship that no longer requires support from the payer.

Hiring a Florida divorce lawyer

If you would like to speak to a divorce lawyer about modifying your alimony, contact us here.