Alimony, also known as spousal support, is a financial obligation to pay support that is established through a divorce. It can have various purposes but generally is to ensure both parties have the financial ability to support themselves after the divorce. However, circumstances can change over time. If that change is legally and factually sufficient, it can lead to a modification of the alimony order. Learn more from the Okaloosa and Walton County divorce lawyers at The Wheeler Firm, and then schedule a consultation today.

Grounds for Modification

Florida courts will only consider modifying an alimony order if you can demonstrate a “substantial change in circumstances” since the original decree. This change must be:

• Involuntary: It wasn’t caused by your own actions or decisions.
• Material: It significantly impacts your financial ability to pay or your need for support.
• Permanent: It’s not a temporary situation.
• Unforeseen: The change wasn’t anticipated at the time the original alimony order was issued.

Common examples of substantial change in circumstances include:

• Involuntary job loss or disability: If the paying spouse loses their job through no fault of their own or experiences a disabling illness, it can affect their ability to make alimony payments.
• Remarriage or cohabitation: Remarriage of the receiving spouse typically terminates alimony. Cohabitation may also be a factor.
• Change in health insurance: Loss of health insurance coverage for the receiving spouse can be a financial burden.
• Retirement: Retirement at a reasonable age can be sufficient to seek a reduction or termination of an alimony obligation.

If you need to know whether your specific situation is considered a substantial change in circumstances, speak with a family law attorney from The Wheeler Firm today.

The Modification Process

Modifying alimony involves filing a petition with the court that issued the original divorce decree. The petition should detail the substantial change in circumstances and how it justifies modifying the alimony order. You’ll need to gather evidence to support your claims, such as:

• Paystubs, tax returns, and other financial records
• Medical records, if the basis for the modification is based upon medical infirmity
• Proof that the receiving spouse has remarried, or that he/she is cohabitating with another person
• Any other evidence to establish a substantial change in circumstances

The court will then require mediation, where you and your ex-spouse attempt to reach an agreement on modifying the alimony. If mediation fails, a hearing will be scheduled before a judge who will decide on the modification request.

Considering Legal Representation

Alimony modification can be a complex legal process. An experienced Florida divorce attorney can help you navigate the legal requirements, gather evidence, represent you in mediation, and advocate for your best interests in court. If you are considering modifying your alimony order in Okaloosa or Walton County, contact The Wheeler Firm today to schedule a consultation. Our dedicated family law team will provide you with the legal guidance and support you need throughout the process.

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