In Florida, your divorce may end with an order for alimony to your spouse. This order is usually based upon some qualifying factors, such as the length of time you were married, what you and your spouse contributed to the marriage and the lifestyle you maintained together. This order remains in effect unless and until either you or your ex ask for it to be modified.
According to the Florida Statutes, your alimony order may be modified if either your financial situation or the financial situation of your former spouse has changed. You can ask for an increase or decrease in the amount paid each month, changes to the payment schedule or changes to any other provision of the order that is no longer applicable to your situation. However, to make a ruling for modification, the court must see each of the following:
- You have experienced a substantial change in your circumstances since the last order was issued.
- The changes in your circumstances were not known or anticipated at the time the last order was issued.
- The change is permanent and involuntary.
If you bring forward a request for modification of your alimony order and fail to prove to the court that you have met these requirements, the court may not only deny your request, but it may make you financially responsible for the costs your former spouse paid to defend their position in the matter. This is because, as the moving party, you have the burden of proof. This information is for educational purposes only and should not be taken as legal advice.