According to the State of Florida, Alimony may be modified subject to the amount and often, the duration. However, Alimony may not be modified if the original judgment did not permit alimony, or also if the agreement clearly states “non-modifiable.” To ensure this specificity, an attorney is always recommended. This issue frequently arises from prenuptial agreements but may still be fought in certain circumstances. For example, situations of undue influence, duress, and much more.
However if Alimony was awarded in the original decree, it may be terminated subject to a substantial change in circumstances as listed within Florida Statute 61.14. These substantial changes may affect the ability of the payor spouse or may also affect the need for Alimony by the spouse who is being financially provided for.
There are also different types of Alimony depending on the duration of the marriage and circumstances which require the financial support. For example, while the dissolution of marriage is pending, Alimony pendente lite or pending Alimony may be appropriate. This Alimony is temporary during the proceedings but will assist the financially dependent spouse during the initial proceedings and throughout the litigation process. Other types of Alimony within the State of Florida are bridge-the-gap Alimony, Rehabilitative Alimony, Durational Alimony, and Permanent Alimony.
Be it modification or termination, we are always able to assist with negotiating with your to-be ex or former spouse either amicably or within an adversarial position within courtroom litigation proceedings– typically, provided the initial agreement did not restrict the Alimony from being modified.