Jacksonville Divorce Attorney Blog
Alimony Reduction and Termination: Alimony is often one of the most contested issues in divorce cases. For many people, the idea of paying money to financially support an ex-spouse is a disgusting idea. When the love and reverence turns to hate and disdain, making alimony payments to the ex-spouse is painful. The pain is only magnified by a judge’s ruling that the payments are to be permanent. An award of permanent alimony normally stays in place until the re-marriage of the recipient or the death of one of the parties. However, under some circumstances, modification or termination of permanent alimony payments can be accomplished.
Florida Statute 61.14 authorizes the circuit court to reconsider alimony when the parties’ circumstances or financial ability change. Courts interpret this by requiring three things: (1) a substantial change in circumstances; (2) the change was not anticipated at the time of the final judgment; and (3) the change is sufficient, material, permanent, and involuntary. Applying this test, alimony can be either decreased or increased.
Florida courts have deemed that a former wife’s increased living expenses related to her condominium were enough to justify an increase in alimony. It has also been determined that a former husband who voluntarily retires after reaching retirement age and has less income as a result should have that fact considered when the former husband asks for a reduction in alimony payments. For more information, or for a free initial consultation regarding the specific facts in your case, call the Law Office of David M. Goldman, PLLC at (904) 685-1200. Our experienced Jacksonville alimony lawyers and divorce lawyers can help you or a loved one work toward the best outcome in your case.