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Can alimony awards be modified post-divorce?

| Jun 26, 2020 | Alimony |

Emotions are often running high when couples go to settle their divorces. Spouses often make rash decisions in such instances that they come to regret later. It’s in situations like this a post-divorce modification may be necessary. Some of the reasons why spouses request a Fort Myers judge to take a second look at their alimony award is if the paying spouse experiences a significant decrease in their income, suffers a medical emergency or the recipient husband or wife remarries.

The spouse who makes more money is the one who pays the alimony. A judge can raise or lower payments or entirely terminate them in response to a spouse’s modification request.

If the original divorce decree has a cost-of-living adjustment clause, then the recipient spouse can seek an increase in alimony based on an annual cost-of-living calculator.

Sometimes, divorce decrees have escalator clauses. If yours does, the supporting spouse may have to increase their alimony payments at predetermined intervals as their income increases.

A recipient spouse may be able to request an increase in alimony if their paying ex experiences a change in circumstances, such as a substantial increase in income.

Laws may also change that may allow a recipient spouse to receive more or less money than what the judge initially ordered.

If a former spouse is cohabiting with an intimate partner, a Florida judge may terminate alimony. They may also do this if the recipient spouse appears to have a decreased need for support based on them getting a higher paying job, remarrying or cohabiting.

Becoming disabled may be a reason the court grants a recipient spouse an increase in support. On the other hand, if the supporting spouse gets remarried and has a new child, the spousal payments may be reduced if they cause financial hardship. However, if those new children are stepchildren, then a hardship allowance would not apply since the new responsibilities are deemed voluntary.

If you are divorced and are making or receiving alimony payments, your circumstances may change. You may find yourself needing to have those payments modified. An experienced alimony attorney can justify to the court why you warrant paying less or receiving more alimony in your Fort Myers post-divorce modification case.

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