Can Durational Alimony Be Altered in Florida?
In Florida, durational alimony is a form of spousal support that is intended to provide financial assistance to a spouse who needs it for a specific period of time. This type of alimony is designed to help the receiving spouse transition to an independent lifestyle after a divorce. However, many individuals may wonder if durational alimony can be altered once it has been awarded. This article will explore the factors that can lead to modifications of durational alimony in Florida.
Understanding Durational Alimony in Florida
Durational alimony is typically awarded in cases where the length of the marriage is between two and seven years. The purpose of this form of alimony is to compensate the receiving spouse for the financial support they would have received during the marriage if it had not ended. The amount and duration of durational alimony are determined by the court based on several factors, including the standard of living during the marriage, the length of the marriage, the earning capacity of both parties, and the need for the receiving spouse to acquire education or training to become self-supporting.
Grounds for Modification of Durational Alimony
In Florida, durational alimony can be altered if there is a substantial change in circumstances that would make the original alimony award unfair or inappropriate. Some of the grounds for modification include:
1. Substantial Change in Financial Circumstances: If one party experiences a significant change in their financial situation, such as a substantial increase or decrease in income, the court may consider modifying the durational alimony award.
2. Change in Health Conditions: If either party develops a serious health condition that affects their ability to earn a living, the court may modify the alimony to reflect the new financial realities.
3. Substantial Change in the Needs of the Receiving Party: If the receiving spouse’s financial needs have changed significantly since the divorce, the court may adjust the alimony accordingly.
4. Substantial Change in the Responsible Party’s Financial Circumstances: If the paying spouse’s financial situation has changed, such as a significant loss of income or assets, the court may modify the alimony to be more equitable.
Process for Modifying Durational Alimony
To modify durational alimony in Florida, the requesting party must file a motion with the court, providing detailed evidence of the substantial change in circumstances. The court will then review the evidence and decide whether to grant the modification. If the court finds that a modification is appropriate, it will issue an order specifying the new amount and duration of the alimony.
Conclusion
In conclusion, durational alimony in Florida can be altered if there is a substantial change in circumstances that would make the original award unfair or inappropriate. The court will consider various factors, including the financial needs of both parties, when determining whether to modify the alimony. It is important for individuals facing a modification of durational alimony to consult with an experienced family law attorney to ensure their rights are protected throughout the process.
