Spousal support, or alimony, is often a crucial part of a divorce settlement, ensuring that both parties can maintain financial stability after separating. However, life circumstances can change, making it necessary to modify alimony agreements. If you’re seeking or contesting a modification of spousal support in Florida, understanding the legal requirements and process is essential. Working with an experienced Kissimmee Divorce Attorney like Nicole Burns can help you navigate this complex issue and secure a fair outcome.

When Can Spousal Support Be Modified?

In Florida, spousal support can be modified under certain conditions. The party requesting the change must demonstrate a substantial, material, and permanent change in circumstances. Common reasons for modification include:

1. Significant Change in Income – If the paying spouse experiences a substantial decrease in income due to job loss, disability, or retirement, they may seek a reduction in payments.
2. Increased Financial Need or Independence – If the recipient spouse’s financial situation improves significantly—such as receiving a higher-paying job or a large inheritance—alimony may be reduced or terminated.
3. Remarriage or Cohabitation – If the recipient spouse remarries, alimony typically ends. Additionally, if they enter a supportive relationship and cohabit with a new partner, this may also justify modification.
4. Retirement of the Paying Spouse – If the paying spouse reaches a reasonable retirement age and experiences a reduced income, they may request an alimony adjustment.
5. Health-Related Changes – If either party experiences serious health issues that impact their ability to earn or meet financial obligations, it may warrant an alimony modification.

Types of Alimony That Can Be Modified

Not all types of alimony are eligible for modification. The ability to alter payments depends on the type of spousal support awarded in the original divorce settlement:

• Bridge-the-Gap Alimony – This short-term alimony is non-modifiable.
• Rehabilitative Alimony – Can be modified if the receiving spouse fails to comply with the agreed-upon plan.
• Durational Alimony – Can be modified in amount (not duration) under significant changes in circumstances.
• Permanent Alimony – Subject to modification or termination under substantial changes, including remarriage, cohabitation, or financial shifts.

Steps to Petition for Alimony Modification

If you believe your alimony payments should be adjusted, you must follow Florida’s legal process to petition for a modification:

1. File a Petition for Modification – The requesting party must file a formal request with the court outlining the substantial change in circumstances.
2. Provide Supporting Evidence – Documentation such as financial records, employment details, or proof of cohabitation will be required to justify the request.
3. Serve the Other Party – The former spouse must be notified and given the opportunity to respond.
4. Attend Mediation (if required) – Many Florida courts require mediation before a hearing to encourage mutual agreements.
5. Court Hearing – If mediation does not resolve the issue, a judge will review the evidence and decide on the modification request.

A Kissimmee Divorce Attorney can help you prepare your petition and present a strong case in court.

Defending Against an Alimony Modification Request

If you receive a notice that your former spouse is seeking to modify alimony payments, you have the right to contest the request. You may argue that:

• The claimed financial hardship is temporary or voluntary (e.g., quitting a job).
• The requesting spouse has not provided sufficient evidence.
• The recipient spouse still relies on the alimony for financial stability.
• The new circumstances do not meet Florida’s legal standard for modification.

An experienced attorney can help gather evidence and defend your right to maintain the agreed-upon support.

What Happens if the Paying Spouse Stops Making Payments?

If a spouse stops paying court-ordered alimony without an approved modification, they may face serious legal consequences, including:

• Wage garnishment
• Bank account levies
• Contempt of court charges
• Suspension of professional or driver’s licenses

If your former spouse has stopped making payments, a Kissimmee Divorce Attorney can help you enforce the alimony order and seek legal remedies.

Tips for a Successful Alimony Modification Request

If you’re seeking an alimony modification, consider these best practices:

• Act Promptly – If your financial situation changes, don’t wait too long to file for a modification.
• Keep Detailed Records – Maintain thorough documentation of your income, expenses, and any supporting evidence.
• Attempt Mediation – If possible, try to reach an agreement outside of court to save time and costs.
• Work with an Experienced Attorney – Navigating alimony modifications without legal guidance can be challenging. An experienced attorney can improve your chances of success.

Final Thoughts

Spousal support modifications in Florida require proof of significant changes in circumstances and adherence to legal procedures. Whether you are seeking a reduction, defending against a modification, or enforcing an alimony order, working with a qualified Kissimmee Divorce Attorney can make all the difference in securing a favorable outcome.

If you need assistance with spousal support modifications, contact Nicole Burns today. She is dedicated to helping clients navigate divorce-related financial matters with knowledge, skill, and compassion.