Alimony, or spousal support (as it’s referred to in Florida courts), is a payment made from one spouse to another during a divorce to help a lesser-earning spouse adjust from married to single life. Spousal support payments must be requested as part of the initial divorce decree. However, after your divorce is finalized, you may find that your circumstances have changed. When this happens, you may be able to request alimony modification to better serve you on your journey to self-sufficiency. While you cannot change the type of alimony you receive, you can adjust the payment amount and duration after the divorce. Learn more about modifying alimony below.
How is Alimony Awarded?
To be awarded alimony payments in a divorce, you must request them in your initial divorce petition. During mediation and before the divorce decree is granted, you’ll need to provide documentation that you have a financial need for these payments and that your ex has the financial standing to make the requested payments. The amount of spousal support you may receive depends on several factors, including your ability to find stable employment in the future, the lifestyle you enjoyed while married, and your contributions to the household. The length of your marriage also plays a significant role in the duration of your spousal support payments.
Types of Spousal Support
There are several types of alimony payments available in Florida. Here is a brief overview of them:
Durational
This is the most common type of alimony awarded in Florida divorces. Durational alimony payments are made for a set period, based on the length of your marriage and other factors. You must have been married for at least three years to be awarded this type of spousal support.
Bridge-the-Gap
Bridge-the-gap alimony helps with the short-term needs and living expenses during the transition from married to single life. This includes funds for moving expenses, rental deposits, utilities, and transportation.
Temporary
Temporary spousal support is granted to help ease the financial burden while the divorce is finalized. It may cover temporary housing and transportation arrangements and allow a spouse to maintain their standard of living while divorce proceedings take place.
Rehabilitative
Rehabilitative spousal support provides payments for you to learn a new skill or gain the education needed to find suitable employment. It also provides funds to secure stable housing. For rehabilitative alimony to be awarded, the requesting spouse must provide a detailed plan for education and self-sufficiency.
Can Alimony be Increased or Decreased After a Divorce?
Yes. Requesting an increase in alimony payments if you face unexpected financial hardship is possible. You must submit a formal request and prove that a substantial and involuntary change in your circumstances has occurred to request this type of modification.
How to Stop Alimony Payments in Florida
There are a few reasons why a spouse could request to stop making alimony payments. The most common reason alimony payments stop is that the designated payment timeframe ends. Since Florida eliminated permanent alimony in 2023, all types of spousal support available in Florida are granted for a designated amount of time. This timeframe is specified in your divorce decree, which states the payment amount and duration. Spousal support can also be eliminated if you enter a stable, financially supportive relationship or remarry. In addition, Florida statute 61.14(9) states that spousal support payments may not leave the paying spouse with significantly less net income than the receiving spouse (unless there are extraneous circumstances). If your ex’s financial situation has substantially changed, a court may find that they are paying an unfair or burdensome amount in alimony payments and choose to eliminate or reduce payments.
Can You Change the Duration of Alimony Payments?
How long your ex is ordered to pay alimony depends on the length of your marriage. Florida law states that durational alimony payments cannot exceed 50% of the total marriage length if you were married for less than 10 years, 60% of the marriage length if you were married between 10 and 20 years, and 75% of the marriage length if you were married for over 20 years. For instance, if you were married for 15 years, alimony payments cannot exceed nine years. In addition, rehabilitative alimony cannot last more than five years. Bridge-the-gap alimony cannot last longer than two years. Since these durations are defined, you must provide substantial evidence to support the idea that the payment duration should be changed.
Can You Request Alimony After the Divorce is Finalized?
No. Alimony must be requested before the divorce decree is granted. You cannot ask for alimony payments once the divorce is finalized. In some cases, your Florida divorce lawyer may suggest requesting a very low sum of alimony in the divorce decree, so that payments can be adjusted later if necessary.
Can You Lose Alimony in Florida?
Yes, there are a few ways you can lose your alimony benefit. The first is entering into a stable, financially beneficial relationship with a new partner, even if you don’t get legally married. You may also lose alimony payments if your income significantly increases and you attempt to hide or conceal it from your ex and the courts.
How to Modify Alimony in Florida
To modify alimony payments in Florida, you must show that you have experienced a permanent and substantial change in your circumstances, such as a sudden change in income, a new medical diagnosis, or remarriage. To file for an alimony modification, you must submit a Supplemental Petition to Modification of Alimony in the county where the divorce was finalized. In your petition, you should state the change you’d like to request and your reasoning for this change. Your ex will be served with this petition and will have 20 days to respond. If they disagree with the petition, they may present a counter-petition. Then, a hearing will take place to negotiate the new spousal support terms.
Alimony Modification and Divorce Filing with Remsen Family Law Firm
Requesting and modifying alimony as part of your divorce decree can be complicated and emotional. That’s why it’s essential to have an experienced divorce lawyer who will fight for your rights to help you get back on your feet after your divorce. At the Remsen Family Law Firm, we help families in Lake, Seminole, and Orange counties file for divorce, establish custody, and make modifications when necessary after the divorce is finalized. Call us today or reach out online to discuss your case.
