Modification of Alimony in Florida

Modification of Alimony

Types of Alimony and Modification Rules

Bridge-the-Gap Alimony

  • Cannot be modified in amount or duration.
  • Terminates upon the death of either party or the remarriage of the recipient.

Rehabilitative Alimony

  • Modifiable or terminable upon:
    • A substantial change in circumstances.
    • Noncompliance with the rehabilitative plan.
    • Completion of the rehabilitative plan.

Durational Alimony

  • Modifiable or terminable based on a substantial change in circumstances, but only as to the amount.
  • The length of the award cannot be modified except under exceptional circumstances, generally if the obligee is mentally or physically disabled or has been diagnosed with a mental or physical condition that has rendered or will render him or her incapable of self-support.

Permanent Alimony (Eliminated in Florida)

  • As of July 2023, permanent alimony is no longer recognized under Florida law. However, for those previous Judgments demanding the payment of permanent alimony, the amount may be modified or terminated based upon a substantial change in circumstances.

Modification Based on a Supportive Relationship

Alimony may be reduced or terminated if the recipient is in a supportive relationship. However, the supportive relationship must:

  • Be between the recipient and another person who lives with them.
  • Not be with someone related by blood (consanguinity) or marriage (affinity).

Important: If the person paying alimony is in a supportive relationship, it does not justify modifying alimony.

The burden of proof is on the paying spouse, who must establish a supportive relationship by a preponderance of the evidence. The court will consider:

  • Whether the recipient and their partner present themselves as a married couple (e.g., shared last name, common mailing address, referring to each other as “husband” or “wife”).
  • How long they have lived together in a permanent residence.
  • Whether they share finances, assets, or income.
  • The level of financial or material support they provide to each other.
  • Whether one party performs valuable services for the other or their business.
  • Joint contributions to property or investments.
  • Express or implied agreements regarding financial support.
  • Whether they provide support to each other’s children, even if it is not legally required.

Need and Ability Analysis

If a substantial change in circumstances is found, the court must still conduct a Need and Ability Analysis to determine whether alimony should be reduced or terminated.

Formula for Analysis:

Net Income – Reasonable Expenses = Need or Ability

  • A surplus (positive number) indicates the ability to pay.
  • A deficit (negative number) indicates a need for support.
  • Overstating expenses or relying on credit card debt will not be considered reasonable.

The court will make a factual determination:

  • If the recipient no longer needs alimony or the payer can no longer afford it, alimony should be terminated.
  • If the recipient still has a need and the payer still has the ability, alimony may remain the same or be reduced based on the updated financial situation.

Why Legal Representation Matters

Florida’s alimony laws are complex and require careful navigation. Attempting to modify alimony without legal guidance can result in costly mistakes.

Why Choose Me?

  • I focus exclusively on Florida Divorce and Family Law—not criminal or elder law.
  • I provide free consultations to discuss your specific case.
  • I offer compassionate, knowledgeable, and strategic representation to help you achieve the best outcome.

If you or someone you know is facing an alimony issue, don’t navigate it alone. Contact me today to understand your rights and protect your financial future.