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Alimony modification

by | Jan 10, 2017 | Firm News |

In the state of Florida, alimony may be determined by agreement between the parties or a court order. Both settlements are upheld as legally binding, but either party may request modification of the terms in certain situations. According to Florida statutes, the one who pays alimony may receive permission for modification if the recipient has remarried or entered into a supportive relationship with another person. In this case, the court studies the recipient’s situation to determine if it is truly supportive. Factors to consider include whether or not there is a sharing of financial responsibilities, contribution to business, support of each other’s children, or a vocabulary and lifestyle that communicates permanence with the other person. Additionally, a change in financial circumstances since the agreement was established may be grounds for modification.

However, according to Naples Daily News, there are some exceptions to alimony modification. It depends on whether the alimony was originally meant as a means of property settlement or as support for one spouse. It typically may not be altered if it was established as property settlement, but modification may be granted if the alimony was meant for financial support, and one of the situations mentioned above has taken place.

A change in financial circumstances must be determined as involuntary and permanent in order to qualify for modification. For instance, a person may not intentionally reduce his income in order to avoid paying alimony.  It must also be a change which was not foreseen at the time the alimony was originally established. There must also be evidence that the person seeking modification due to loss of work or financial hardship is seeking to rectify the situation.