Schedule A Mediation
813-205-6675Tampa Bay Alimony Modification Mediator
Modifying Alimony Under Florida Law: A Comprehensive Guide
At Reineke Mediations, our Florida family law attorney and mediator, Beth Reineke, with her extensive knowledge and experience, understands that alimony statutes, also known as spousal support, are ever-evolving, making modification requests complex.
What may have been suitable during a divorce or separation might not align with the present reality. In Florida, modifying alimony orders is possible by agreement or court order.
However, the process involves specific legal requirements that must be navigated with utmost care and precision if you can’t reach an agreement. With its comprehensive approach, this guide will explore the critical aspects of modifying alimony under Florida law.
Modifying Alimony in Florida Requires Substantial Changes in Circumstances
Under Florida law, unless the parties agreed that alimony was non-modifiable, any alimony payable over time is subject to possible modification. Modifying alimony can happen when there is a substantial change in circumstances. Alimony modifications have a similar process to child support modifications, and may result in a modification of child support if the parties still have minor or dependent children. The court must legally approve any changes.
Alimony is presumed to be modifiable unless the marital settlement agreement expressly states that it is non-modifiable.
The change could be either an increase or decrease in the payer’s ability to pay alimony or an increase or decrease in the recipient’s need for alimony.
The change in circumstances must be substantial, material, involuntary, and permanent. Transient or temporary financial difficulties or minor changes in income will not suffice.
A Substantial Change In Circumstances signifies that something significant has changed in either party’s financial situation since the last order was issued and may include, but is not limited to:
- Availability of medical insurance.
- Considerable increase in the recipient’s income or financial status.
- Increase in the payor’s ability to pay commensurate with the need established by the recipient at the time of the divorce.
- Involuntary loss of employment or significant reduction in income.
- Lottery winnings.
- Remarriage of the recipient.
- Retirement.
- Serious health issues, including illness or disability.
- Substantial gifts or inheritance.
Florida law does not allow a person to unilaterally change the terms of alimony (without a written agreement and/or a court order), even if they have a legitimate basis. The party seeking alimony modification bears the burden of proof. They must demonstrate that the change is not temporary and wasn’t anticipated at the time of the final judgment of dissolution. It is not uncommon for these cases to involve detailed financial investigations, where evidence and documentation supporting the requested modification must be provided. Any modification must also be fair and reasonable based on both parties’ circumstances.
In Florida, modifications to alimony are not automatic and must be agreed upon through mediation or ordered by the court based upon an agreement or a petition filed in accordance with the Florida statutes and the Florida Family Law Rules of Procedure.
Beth Reineke is not only a Licensed Florida Attorney and Florida Supreme Court Certified family and divorce law mediator with over 25 years of experience, she also holds a Finance degree from the University of South Florida. She brings significant financial skill and experience to the mediation table. She can help couples establish a middle ground for modifying alimony without using their resources to facilitate what may be a lengthy litigation process, leaving their financial livelihoods in limbo until the court makes a decision. Contact our skilled Florida alimony mediation specialist today to learn more about settling your spousal support and alimony modification options outside the courtroom.
When CAN’T Florida Alimony Be Modified?
It is important to note that certain alimony payments are considered non-modifiable, in the absence of a mutual agreement to the contrary.
Non-modifiable alimony is a type of spousal support that neither party can change or alter and includes:
- Alimony wasn’t awarded in the initial divorce case.
- Active temporary and “Bridge-the-gap” alimony payments with an end date or lump sum alimony payments.
- Marital settlement agreements where one party negotiated for the alimony provision to be non-modifiable.
- Ongoing payments considered a “property distribution”.
Just as substantial, material, involuntary, and permanent factors allow Florida residents to pursue alimony modifications, certain circumstances generally do not justify a modification.
The following elements do not qualify for alimony modifications in Florida:
- Expenses of a second marriage.
- Moderate improvement in the payee’s economic situation.
- Purposely getting fired.
- Voluntarily quitting a job.
If you have questions about whether your Florida alimony agreement can be mediated and modified, contact our skilled family law mediator at Reineke Mediations today for a free phone consultation.
What is the Legal Process for Florida Alimony Modification?
First, the party seeking the modification (the petitioner) should gather relevant financial documents and evidence to support their request, ensuring there has been a Substantial Change in Circumstances, as defined above. In most cases, the parties may attempt to negotiate a modification of alimony outside of court or participate in mediation to reach an agreement. If an agreement is reached, it can be submitted to the court for approval and if properly drafted and submitted, it will be approved.
As a Supreme Court-certified Florida divorce and family law mediator, Beth Reineke highly recommends pursuing mediation before filing a petition to modify to see if an agreement can be reached, saving time and money.
In Florida, if the parties cannot reach an agreement at mediation, the legal process of modifying alimony typically involves the following steps:
- Petition for Modification: The party seeking the modification must file a petition with the court that issued the original order. This document outlines the reasons for the requested modification and provides evidence to support the claim of a substantial change in circumstances. Note: A new financial affidavit must be attached to the petition or the petition may be dismissed by the court.
- Service of Process: The petition must be officially served on the other party, who then has the opportunity to respond and present their perspective on the proposed modification.
- Financial Disclosure: Both parties must provide updated financial information, including new financial affidavits and documents showing their current income, recent tax returns, bank statements, expenses, and current assets and liabilities. This information is essential for the court to make an informed decision.
- Mediation: In most cases, mediation is required before the court will hear the modification case. As a Supreme Court Certified Florida divorce mediator, I highly recommend pursuing mediation prior to filing a petition to modify to see if an agreement can be reached, thereby saving both time and costs. However, if you file a petition and are court ordered to mediation, I can mediate with the parties and their attorneys either virtually or in person.
- Court Hearing: If the parties don’t reach an agreement in mediation, the case will proceed to a court hearing. Each party presents their case, and the court evaluates the evidence and arguments to determine whether a modification is warranted. Then, the court decides and enters a new order outlining whether there will be changes to alimony and/or consequently child support.
- Court Order: If the court grants the modification, it will issue a new order detailing the terms of the modified alimony arrangement. Depending on the circumstances, the court may also retroactively modify alimony payments to the date the petition was filed.
- Compliance: Both parties must comply with the court’s order regarding the modified alimony arrangement. The paying spouse must make payments according to the new terms, and the receiving spouse must adhere to any conditions specified in the order.
It’s important to note that the legal process for modifying alimony in Florida can vary depending on the case’s specific circumstances and local court procedures. Consulting with our Florida family law attorney/mediator at Reineke Mediations can provide guidance and assistance throughout the process.
Disclaimer: This article is for informational purposes only and should not be considered legal advice. Consult with a qualified family law attorney for advice tailored to your specific situation.
