Can You Modify or Terminate Alimony in Florida?

Alimony, also known as spousal support, is often a contentious issue in Florida divorce cases. As the alimony payer, you may wonder if you can modify or terminate alimony payments in Florida. Now, Florida’s alimony laws are among the most progressive, allowing modifications in some instances. Under section 61.14 of the Florida statutes, alimony terms can be modified if there is an unexpected, involuntary, and substantial change in circumstances. This article discusses the key situations where you may modify or terminate your alimony payments per Florida law.

Types of Alimony in Florida

Before we dive into the circumstances that may warrant an adjustment or termination of alimony payments, let us briefly review the types of alimony in Florida.

• Bridge-the-gap alimony: This short-term spousal support helps cover immediate necessities like housing while one adjusts to a single life. It is usually capped at a maximum of 2 years.
• Temporary alimony: This is awarded during divorce proceedings to ensure both parties maintain a reasonable living standard until the divorce is finalized.
• Rehabilitative alimony: This is meant to help a spouse gain the education, training, or skills needed to achieve financial independence.
• Durational alimony: Usually granted when other types aren’t suitable and provides support for a fixed period, not exceeding the length of the marriage.

Circumstances for Alimony Modification or Termination

Sometimes, the alimony payer’s ability to pay or a change in the recipient’s need for spousal support may call for modification or termination of alimony payments. Florida law allows adjustments to alimony in these situations:

Significant Change in Financial Situations

A substantial or unexpected shift in income, such as a salary reduction or a job loss, may warrant a modification. To modify or terminate alimony using these reasons, you must demonstrate to the court that the change is involuntary, unexpected, and directly affects your ability to offer continued alimony.

Remarriage or Cohabitation

If the alimony recipient remarries, you can request the court to terminate alimony, as remarriage usually ends the obligation under Florida law. Similarly, you may seek modification or termination if the recipient enters a “supportive relationship” with someone while cohabitating. To prove a supportive relationship, evidence must show shared finances, pooled resources, or other indicators of being in a supportive relationship, not just living with someone else.

Retirement

When the paying spouse reaches full retirement age and retires in good faith, they may petition for a reduction or termination of alimony. The court will examine the retiree’s age, health, and financial situation. Early retirement, however, might not automatically lead to a modification or termination, especially if it looks like a tactic to avoid alimony.

Death of either Spouse

Alimony obligations are automatically terminated with the death of the paying spouse or the recipient. This ensures that payments do not extend to a deceased individual’s estate.

Serious Illness or Disability

A severe illness or disability that diminishes a person’s earning capacity may be grounds for modifying alimony. This applies to the payer, who may no longer afford payments, or the recipient, whose increased financial needs might require additional support.

To modify or terminate alimony, you must either reach into an alimony agreement modification with your ex-spouse or formally petition the court. You must present evidence of the significant changes and demonstrate how these affect the current arrangement.

Contact an Orlando Divorce Lawyer

If you are considering adjusting your alimony payments, hiring an attorney is essential to build a solid case and navigate the complex legal system together. Contact our Orlando family lawyer at the Arwani Law Firm today.