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Can alimony be modified?

| Jun 28, 2016 | Alimony |

In divorce, alimony can be ordered paid from one of the divorced parties to the other. These payments can be for life or only a set number of years. While every case is based on the unique circumstances of the divorced parties, in many cases the amount of alimony can be changed.

Florida statutes allow for either divorced party to apply to the court for modifications of the alimony payments unless their agreement waives the right to do so. If you do apply for modifications, you’ll want to show the court that either your circumstances have changed, or the other divorced party’s circumstances have changed, or both.

If the payer has reduced income, or the payee has increased income, that may be a basis for modifying the alimony payments. However, the payee may contend that the payer reduced their income specifically for the purpose of modifying alimony payments. If the court agrees with that contention, it may decide to not modify the alimony payments.

The payee’s retirement can be reason for modification of alimony. However, if the retirement is early and is not for medical reasons, the court may not accept it as a basis for alimony modification.

If you want to get alimony payments modified in your case, or prevent it from being modified, you should review all of the details of your case with your attorney. It is critical to have clear details about your circumstances as they were at the time of the divorce and as they are now. Your attorney will advise you about how those details affect your case.

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