Is Alimony Always Modifiable? Florida Divorce Law

By Author: Grant Gisondo
Total Articles: 19
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The answer to the question, “Is alimony always modifiable in Florida”? Is “no,” all types of alimony in Florida are not modifiable. There are six types of alimony in Florida, and the following article will show which types are modifiable and which types are not.

Temporary alimony is given during the divorce proceedings only, and except in rare instances, the amount is not modifiable.

Lump-sum alimony is a one-time payment following the final decree and cannot be modified or revisited.

Permanent alimony is for the lifetime of both parties, and the amount can be modified either by decrease or increase. However, it is important to note that should the party receiving alimony remarry or cohabitate with a nonrelative permanent alimony will end and cannot be reinstated.

Bridge-the-gap alimony is for two years only and cannot be modified either in time or amount unless there is remarriage or cohabitation of the recipient. In these cases, the alimony may be reduced or ended.

Durational alimony can be modified for amount and time. However, the time can never be longer than the length of the ...
... marriage. Remarriage or cohabiting may result in a reduction or end of durational alimony.

Rehabilitative alimony is rarely modified but can be should there be exceptional circumstances such as a proven need to change the rehabilitation plan. Too, if the person receiving the alimony does not follow the plan, stops or withdraws from the plan’s directives, or finishes early, the alimony payments will end.

Death of either party will also end alimony payments.

It is important to note that before a change in alimony can occur, it is necessary to return to court. You will need to prove a substantial change in circumstances. The change must be material and unanticipated prior to the divorce. In other words, you must be able to prove that the reason (s) you are asking for an increase or decrease in the amount of alimony or an extended period of time (if applicable) is because there are involuntary, permanent, and unplanned changes that create a material and substantial difference in the financial situation of either or both parties. Some examples include the onset of a mental or physical permanent disability, a big promotion in job income, or a job loss such as a downsizing layoff that was no fault of the worker with no new job prospects in sight. Winning the lottery or receiving substantial gifts can also be cause for alimony modification. Retirement or long-term incarnation could also be a factor in a judge considering a modification. No matter the cause, there is no instance outside of death that a person can change the amount or duration of an award of alimony. Should a person decides to change his or her alimony award on their own, there can be serious consequences from the court.

Grant J. Gisondo is the founder of Grant J. Gisondo, P.A. to focus his practice on family and marital law with offices in West Palm Beach serving Palm Beach County, Martin County, Saint Lucie County, Broward County, Miami-Dade County, Hillsborough and Orange County. Grant J. Gisondo. P.A. is a Board Certified Family Attorney in Palm Beach Gardens FL