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Alimony Modifications

In Tampa, Orlando and throughout Florida, after a divorce matter has been concluded and a Final Judgment and Decree of Divorce has been entered in the matter, an action for a modification of alimony may be filed by either of the former spouses in order to seek a reduction or increase in the amount of alimony paid by one former spouse the other. Alimony is typically modified when there is a substantial change in circumstances or in either party’s financial need or ability to pay. This change in circumstances must be permanent, material, and involuntary. This means that the modification cannot be based on a change in circumstance that was contemplated at the time of the original alimony award. Florida law permits alimony to be modified for two main reasons:

  1. Upon the petition of one of the former spouses, based on a change in the income or financial status of either former spouse. 
  2. Upon the petition of one of the former spouses (normally the obligated spouse), where the former spouse who receives alimony is voluntarily cohabitating – openly and continuously – with a third party in a sexual or romantic relationship. 

Regardless of the foundation for the alimony modification claim, there are certain requirements that must be met and procedures that must be adhered to in order to validly and successfully assert a claim for the modification of alimony.

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