Modifying Florida Alimony Agreements
For the most part, once an alimony or child support agreement has been set in Florida, there is very little room to change or terminate the agreement without first showing that there is a justification for the change or termination. Our florida alimony lawyers provide ypucomplete information of all types of modification and mutual agreements.
Once a party sufficiently shows a change in circumstances, however, the court will grant the modification. Moreover, under Florida Statute § 61.14, a modification order can apply retroactively. Retroactive application of alimony means that one party could be required to pay back alimony or the party receiving alimony could be required to reimburse the payor.
Attorney for Modifying Alimony in Fort Lauderdale, Florida
When parties initially sign an alimony attorney agreement, it is based on their present circumstances. As we know, life can be complicated, and we may find ourselves in unexpected situations. Having an attorney who can help you modify an alimony agreement could be the start to meeting the challenges that unexpected lifestyle changes may cause.
At Bacchus Law Firm, our South Florida divorce attorney are experienced lawyers who have counseled clients on creating, modifying, and terminating alimony, child custody, timesharing, parenting and other agreements for years. We are experienced, professional, and dedicated to getting the best possible result for our clients.
Having provided counsel to numerous clients throughout the Greater Miami-metropolitan area, we take cases throughout the Miami-metropolitan area in counties like Hendry County, Palm Beach County, Collier County, and Miami-Dade County, FL.
Our office is centrally located at 401 E. Las Olas Blvd. in Ft. Lauderdale, FL, just minutes from the Broward County Central Courthouse. Schedule a consultation with our child support attorney in South Florida. If you have been arrested in Miami, West Palm Beach, East Naples, or LaBelle, Florida, then contact our firm immediately.
Call (954) 500-5555 to schedule a consultation with our family law attorneys.
Broward County Modifying Florida Alimony Agreements Information Center
- What kinds of changes can be made to an alimony agreement?
- Can a person be ordered to pay back alimony?
- When can a court terminate an alimony agreement?
- Where can I learn more about modifying Florida alimony agreements in Fort Lauderdale?
How to Change an Alimony Agreement in Florida
Modifications lawyer Fort Lauderdale, Florida requires showing a “substantial, material, and involuntary change in circumstances.” The party requesting the modification has the burden to prove, by a preponderance of the evidence, that either his or her circumstances have changed or the obligee’s circumstances have changed, such that a modification would be just and equitable.
In South Florida, some examples of a substantial change in circumstances may include the following:
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- Deterioration of the payor’s health;
- A substantial change in income;
- Unexpected inheritance or gift;
- Retirement; or
- Obligee cohabitation.
Retroactive Alimony
Much like child support, alimony may also be applied retroactively, this means the law can require the obligor to pay “back” alimony from a specific date, even if that date is before the final alimony order. A timeshare attorney in South Florida often sees similar retroactive financial issues in family-related disputes.
In some cases, retroactive alimony may apply back to the date the modification request was filed, if the court finds it fair. The court looks at changed circumstances, each party’s financial ability, and the needs involved when making this decision.
Alimony Termination Based on Cohabitation
Under Florida Statute § 61.14(b), a Florida court may reduce or terminate an alimony award upon specific written findings by the court that since granting an alimony award, a supportive relationship has existed between the obligee and a person with whom the obligee resides.
The alimony payor or obligor has the burden to prove by a preponderance of the evidence, that a supportive relationship between the obligee and the person with whom he or she resides, exists.
A preponderance of the evidence means “more likely than not.” Therefore, the payor would have to prove that it is more likely than not that a supportive relationship between the obligee and the person with whom he or she resides, exists.
In determining whether an existing relationship between the obligee and an individual who is not related by marriage exists, a South Florida court will look at the following factors:
- The period of time that the obligee has resided with the other person in a permanent place of residence;
- The extent to which the obligee or the other person has supported the other, in whole or in part;
- The extent to which the obligee and the other person have pooled their assets or income in financial interdependence;
- The extent to which the obligee or other person has performed valuable services for the other;
- The extent to which the obligee or other person has performed valuable services for the other’s company or employer;
- Whether the obligee and the other person have jointly contributed to the purchase of any real or personal property;
- Whether the obligee and the other person have worked together to create or enhance anything of value;
- Whether the obligee and the other person have provided support to the children of one another, regardless of any legal duty to do so;
- Evidence in support of a claim that the obligee and the other person have an implied agreement regarding property sharing or support; or
- Evidence in support of a claim that the obligee and the other person have an express agreement regarding property sharing or support.
Additional Resources
61.14 F.S. – Visit Online Sunshine, the official website of the Florida Legislature for more information on enforcement and modification of support, maintenance, or alimony agreements in Florida. The Statutory language discusses the circumstances under which alimony may be terminated due to cohabitation or remarriage and modified due to a change in circumstances.
Trends in Alimony Modification – Visit the American Bar Website, Family Law Section for information on the various trends in modifying alimony agreements across the several states. The article focuses on the kinds of circumstances that judges have considered a “substantial change in circumstances” in Florida, as well as in other states.
Petition to Modify Alimony – Visit the website of the Florida Courts for Form 12.905(c) the form used for the supplemental petition for a modification of alimony in Florida. The Form includes instructions and directions for filing for a medication in Florida courts and also filing pro se.
Find an Attorney for Modifying Alimony in Broward County, FL
If you or someone you know has experienced a substantial change in circumstances in Broward County, Hendry County, Palm Beach County, Collier County, or Miami-Dade County, FL, and requires a modification of their alimony agreement, then call Bacchus Law Firm.
Our experienced family law attorneys in South Florida will guide you through the steps necessary to modifying or terminate your Florida alimony lawyer or court order. Our lawyers are zealous and dedicated advocates who will fight to get you the best possible result.
We take cases in Miami, Ft. Lauderdale, West Palm Beach, East Naples, and LaBelle, Florida. Call (954) 500-5555 now for more information about the legal services that we provide for clients in these cities.
Get the Right Legal Help When Life Changes
Modifying an alimony agreement in Florida can feel stressful, but the law allows changes when life circumstances truly shift. Whether it’s a change in income, health, retirement, or cohabitation, the right legal guidance helps protect your rights and financial future. Working with a lawyer for alimony modification Florida ensures your request is handled correctly and supported with strong evidence.
At Bacchus Law Firm, our South Florida family law team is committed to clear advice and real solutions. From alimony modification issues to related family matters, including working with a paternity test attorney South Florida, we focus on results that are fair and practical. If your situation has changed, timely legal action can make all the difference.
Frequently Asked Questions
- What qualifies for an alimony modification in South Florida?
Alimony modification in South Florida requires a substantial, material, and involuntary change in circumstances. A Broward County alimony lawyer can help prove income changes, job loss, retirement, or altered financial needs. Courts evaluate fairness under the South Florida alimony law.
- Can a court order retroactive or back alimony in South Florida?
Yes, Florida courts may order back alimony under South Florida Statute 61.14. An alimony modification lawyer Fort Lauderdale can request retroactive application to the date a supplemental petition for modification of alimony was filed.
- Can alimony be terminated if the recipient is cohabiting?
Yes, alimony may be reduced or terminated if a supportive relationship exists. An alimony attorney Fort Lauderdale can present evidence of shared finances, living arrangements, or pooled assets to support termination.
- Do I need a lawyer to modify an alimony agreement?
While not required, working with an alimony modification lawyer significantly improves your chances of success. A Fort Lauderdale divorce modifications lawyer ensures proper filings, evidence presentation, and compliance with South Florida alimony modification case law.
- Can temporary spousal support be modified in South Florida?
Yes, temporary spousal support may be modified if circumstances change during divorce proceedings. A temporary spousal support lawyer in Fort Lauderdale can petition the court for an adjustment based on updated financial conditions.
