Can You Modify (Or Terminate) Alimony In Fort Lauderdale?
If you are paying or receiving alimony in Fort Lauderdale, you may already know that the state overhauled its spousal support laws in 2023. What you may not realize is how those changes affect your ability to seek a modification today.
Whether your original order predates Florida alimony reforms or came after, there are clear legal pathways to revisiting your alimony obligation. Our experienced Fort Lauderdale alimony lawyer explains what you need to know about changing these payments.
How Florida Law Impacts Fort Lauderdale Alimony Modifications
Since July 2023, permanent alimony no longer exists in Florida. Under Section 61.08 of the Florida Statutes, courts may only award one of four types: temporary, bridge-the-gap, rehabilitative, or durational alimony.
If you are under a pre-2023 alimony order, your obligation was not automatically eliminated by the reform. However, modifications are available under certain circumstances. Situations that may qualify include:
- There is a substantial and material change in your income or your former spouse’s income since the original order.
- The receiving spouse entered into a supportive relationship, which now requires the court to reduce or terminate alimony.
- The paying spouse reached normal retirement age, as defined by the Social Security Administration, warranting reduction or termination.
- One of you suffers from a serious medical condition or disability that significantly affects your finances.
- The receiving spouse failed to make reasonable efforts toward financial self-sufficiency as outlined in a rehabilitative plan.
Noncompliance with the terms of the original order may also be a reason for requesting alimony modifications in Fort Lauderdale.
Building a Case for Alimony Modification or Termination in Fort Lauderdale
To modify an existing alimony order, you must demonstrate a substantial change in circumstances. The burden of proof matters, and so does timing.
Under Section 61.14 of the Florida Statutes, once you establish that the situation has changed, the burden shifts to them to show why alimony should continue. The Broward County Family Court weighs several factors when evaluating whether a modification is warranted, including:
- Each party’s current financial resources, income, and earning capacity.
- The length of time the alimony obligation has been in effect.
- Whether the receiving spouse has made good-faith efforts toward self-sufficiency.
- The age, health, and realistic retirement timeline of the paying spouse.
- Changes in living situation, employment, or dependency since the original order.
Keep in mind that alimony modifications generally take effect from the date you file your petition, not from the date your circumstances changed. Delaying your filing can cost you money that you cannot recover.
Contact Our Experienced Fort Lauderdale Alimony Lawyer
Whether your circumstances have changed significantly or your former spouse has moved on to a new relationship, you have legal options when it comes to requesting alimony modifications in Broward County.
At Vanessa L. Prieto Law Offices, we can review your case and advise you on whether modification or termination is within reach. To request a consultation, call or contact our experienced Fort Lauderdale alimony lawyer online today.
Source:
flsenate.gov/Laws/Statutes/2023/61.08
