When and How to Modify Alimony in Florida

 Posted on May 07, 2025 in Alimony

Change is an inevitable element of life, and the family courts of Florida recognize that some elements of a divorce settlement may need adjustment post-decree. For this reason, you have an avenue to modify alimony when the situation calls for it. An experienced Miami, FL alimony attorney can help you navigate the legal process, including requests to minimize alimony obligations. Before taking the first step to file a petition for modification, consider the requirements and circumstances where the court may not allow a change in payments.

What Are the Requirements for Modifying Alimony in Florida?

When determining whether or not to award alimony during your divorce, the court assesses several relevant factors outlined under Florida law. When you file a petition to modify that order, the court looks for three elements:

• A substantial change in your circumstances

• That the change was not considered when the final judgment was made

• That the change was involuntary, material, and permanent

If you are seeking a decrease in alimony as the payor because you have experienced a decrease in income, the court will ensure that you are not intentionally trying to avoid paying.

Do You Have To Keep Paying Alimony After You Retire in Florida?

In Florida, a judge can terminate or reduce alimony payments when you reach normal retirement age. However, they will consider several factors before making that decision, including:

• Your age and health

• The type of work you did

• The typical age of retirement for your occupation

• The likelihood that you would go back to work

• The needs of your ex-spouse, including their ability to financially support themselves

• The impact that terminating alimony would have on your ex-spouse

• Whether you have complied with your alimony obligations post-divorce

Several elements of your original divorce judgment are considered as well. For example, how have you both handled income and assets since the divorce? Did either of you receive retirement, Social Security, or pension benefits after the marriage?

Under What Circumstances Is Alimony Modification Not Allowed?

A voluntary change in income will not result in the modification of alimony payments. For example, if you quit your job or accept a lower-paying position, the court may choose to deny your modification request. Similarly, if you take on more expenses because you remarry, the court will likely still require you to pay the same amount.

What Is the Process for Modifying a Florida Alimony Order?

Should you decide to go ahead with seeking modification through the court process, the first step is to file a Supplemental Petition for Modification of Alimony. You will need to provide proof of the substantial change in circumstances, often in the form of income documents, expenses, and other financial paperwork. Your attorney can help you gather sufficient evidence. Once filed, you can request a hearing and present the evidence for your claim, allowing your ex-spouse the opportunity to provide opposing evidence. Finally, the court will make a ruling.

Contact Our Miami, FL Alimony Attorneys Today

When spousal support becomes a heavy burden, it might be time to reassess and let the court re-evaluate your case from a new perspective with new evidence. At Miami Family Law Group, PLLC, our focus is on helping clients solve problems by finding solutions that improve their quality of life, including finances. If you have questions about your ability to modify alimony payments, call 305-520-7874 to speak with one of our experienced Miami, FL divorce lawyers today.