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Under what circumstances can alimony be altered?

Florida alimony payments are not set in stone. Even after a court has ordered one party of a divorcing couple to pay alimony, Florida statute 61.14 lays out several circumstances that allow for a court to alter the alimony terms after the initial terms have been set.

First, both ex-spouses may decide to mutually change the terms of the initial alimony arrangement. Secondly, either of the two parties could experience a change in their financial circumstances, or in the case of the obligor, end up with fiscal problems that make it difficult to carry out regular payments. Finally, the child who is benefiting from the alimony may become of legal age under Florida law.

Any of these events can qualify one of the two parties to apply to a court to change the terms of the alimony. Florida law states that the circuit court of the circuit where one or both of the parties lived at the time the original alimony arrangement was applied for or the court that originally rendered the alimony agreement have jurisdiction to change the terms of alimony. Either of these courts possesses the authority to hear a party‚Äôs application and increase or decrease the original alimony amount.

In addition to these requirements, Florida law also allows for a court to alter the original arrangement or terminate it if written findings show that the obligee, meaning the person that is owed the alimony, has entered into a supportive relationship with a person residing with the obligee. The obligor in this scenario is required by law to show that such a relationship exists by preponderance of evidence.

This article is intended to educate on changes to alimony payments in Florida and should not be taken as legal advice.

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Law Office of Philip J. Schipani
1605 Main Street, Suite 608
Sarasota, FL 34236

Phone: 941-549-8981
Fax: 941-366-7331