Alimony: Can It Be Modified?
Yes, after alimony is established during a divorce it can generally be modified later based upon an unanticipated and substantial change of circumstances.
Alimony may be modified to increase, decrease or terminate. One common example is when a former spouse that is receiving alimony enters into a new financially supportive relationship with a boyfriend or girlfriend. This change in circumstances can support a termination of alimony based on the need for alimony no longer existing. Additionally, if the former spouse receiving alimony decides to remarry, this will support a termination of alimony.
Alimony can also be increased or decreased if the former spouse paying alimony gets a large pay raise or pay cut. Often times the change in pay, whether it is up or down must be at least 15% to support a modification of alimony.
The last example of modifying alimony is where the person receiving alimony gets a pay raise. An increase in income to the person receiving alimony by at least 15% can support a reduction or termination of alimony.
There are solutions that can be utilized during your divorce to avoid going back to court later to battle over alimony modifications. In certain instances, non-modifiable alimony can be obtained during the divorce. This reduces the likelihood of either spouse having to worry about alimony going up or down.
Additionally, lump sum alimony can be used as a one-time pay out during the divorce process. Equity in the marital home or other substantial assets may be leveraged to pay off the lower earning spouse at the time of divorce. This lump sum payment is final and cannot be modified by either spouse at a later date.
Working with each client to achieve a low conflict divorce allows our firm to provide clients with a fixed fee divorce option. Our fixed fees are published on our website at: http://www.mindfuldivorcepa.com under fixed pricing.
If you or a friend has questions about divorce, do not hesitate to call us to schedule an initial divorce consultation.
About the Author
Chadwick M. Layton is a marital law and divorce attorney at Mindful Divorce, P.A. in Palm Beach County, FL. Mr. Layton is also a member of the Florida Bar Family Law Section, the Susan B. Greenberg Family Law American Inn of Court of the Palm Beaches and the Palm Beach Flagler Rotary Club.
Mindful Divorce P.A.
205 Worth Ave. Suite 303
Palm Beach, FL 33480
Phone (561) 537-8227
Office E-Mail: Chad@mindfuldivorcepa.com