Divorce & Family Law Attorneys

A Board Certified Family Lawyer serving Tampa, FL since 1996

Can I modify my alimony order?

On Behalf of | Dec 2, 2021 | Modifications

Circumstances do and will change after your divorce that may render some decisions the court made or you agreed to difficult to maintain. In most cases, you can go back to court and request a modification.

When it comes to alimony, the Florida Statutes grant you the ability to request a modification if you have specific types of spousal support. You cannot ask for a modification for bridge-the-gap or lump sum alimony. Those are set in stone upon the judge’s decree, but you can for all other types of spousal support.

Change in circumstances

To request a modification, you must show a substantial change in circumstances. You will need to show proof of what has changed and that it is significant enough for the judge to consider making changes to your alimony agreement.

The most common reason for modifications is a change in income. For example, if you pay support and you lose your job, you can usually get a modification if you show this will result in a long-term loss of income. This might be because you secure a new job with a lower salary or you have had an injury that means you cannot work for some time.

A temporary change in your situation will usually not be enough to make a judge change the support order.

Legal reason

There may also be a legal basis for your request. In Florida, the law allows you to stop paying alimony if the other person remarries. It also applies this to relationships that are like marriage where the person receiving payments is in a relationship getting support from his or her partner. If you make the request to end the order for this reason, then you have the burden of proving that this relationship exists.

You should always make sure your reason for a modification request is valid under the law before making it.