Florida Divorce Law...

Florida Law - When Might Alimony Be Modified?

Alimony awards may typically be modified whenever there is a significant change in circumstances or financial ability of either party, when health insurance becomes available, or when a child reaches the age of majority (18).

The change should be one that was not recognized during the earlier proceedings and it should be permanent in nature.

Also, a spouse who was receiving rehabilitative alimony may ask that it be converted to permanent alimony if, despite diligent efforts, the spouse receiving alimony could not become self-supporting.

Cases:

Rogers (1999) No. 99-00294, District Court of Appeal of Florida, Second District, decided Dec. 8, 1999. (In this case, the husband retired at age 56. Once retired, he did not have enough salary to pay his $900 per month alimony. He petitioned for a reduction of alimony. The appeals court denied the petition, and concluded that he had to continue to pay $900 a month. This was so, even though he was then living on his pension, which totaled $1,600 per month, and the pension had been awarded to him as property in the divorce. The message the court appears to have been sending was this: if you have an alimony responsibility, you can not get rid of it by quitting or retiring early. The court did investigate whether he retired for ill health or some other compelling reason, but there was no such reason. The husband claimed to have had psychological and physical problems, but the court did not find sufficient evidence to back him up.)

Campbell (1995) 655 So2d 1153 (change should be substantial, not contemplated at time of original decision, material, involuntary, and permanent).

Gardner v. Edelstein (1990) 561 So2d 327 (wife tried to rehabilitate herself through horse-breeding business, but business failed after change in the tax laws).

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