Alimony Modification & Termination in Florida
Know When and How to Change a Spousal Support Order
Florida law allows certain alimony orders to be modified or terminated—but only under specific circumstances. Whether you’re paying or receiving support, understanding your legal options can protect your financial future.
When Alimony Can Be Modified
Substantial Change in Circumstances
Most alimony orders in Florida can be modified if there has been a substantial, material, and involuntary change in financial or life circumstances. This might include a job loss, significant income change, retirement, illness, or a major change in the recipient’s financial needs.
Each type of alimony has its own rules regarding modification. For example:
- Bridge-the-gap alimony is
non-modifiable.
- Rehabilitative alimony can be modified if the recipient completes or abandons the rehabilitation plan.
- Durational alimony allows changes to the amount, but not easily to the length.
- Permanent alimony, now phased out in most new cases, can still be modified in legacy cases based on statute or agreement.
Retirement as a Trigger for Termination
Ending Alimony at a Reasonable Retirement Age
Retirement is one of the most common reasons to seek alimony termination in Florida. Under the 2023 legislative update, courts now give greater consideration to a paying spouse’s
voluntary retirement at a reasonable age. If retirement significantly reduces income and was made in good faith, courts may reduce or terminate alimony—even if the recipient still has need.
Remarriage and Supportive Relationships
Ending Alimony When the Recipient’s Circumstances Change
If the recipient remarries, alimony automatically terminates in Florida. Even without remarriage, support can be reduced or ended if the recipient enters a supportive relationship—one resembling a marriage in terms of shared finances and mutual support.
The burden is on the paying party to prove that a supportive relationship exists. Courts look at factors like shared living arrangements, joint expenses, and how intertwined the couple’s finances are. If proven, alimony may be reduced or terminated.
Filing a Petition for Modification or Termination
How the Legal Process Works
To formally change or end alimony, the requesting party must file a Supplemental Petition to Modify or Terminate Alimony in the court that issued the original order. You must show clear evidence of the change in circumstances—such as financial documents, proof of retirement, or evidence of a supportive relationship.
After filing, both parties will provide updated financial affidavits. The case may be settled or proceed to a court hearing where a judge decides if modification is warranted. The Davies Law Firm prepares persuasive petitions and represents clients on both sides of these cases.
Avoiding Mistakes and Legal Risks
Don’t Stop Paying Without Court Approval
It’s critical to
keep paying alimony as ordered until the court officially changes it. If you stop paying without a legal modification, you may face enforcement actions including wage garnishment, liens, or contempt of court. Even if circumstances have changed dramatically, don’t delay—file immediately to protect your rights and avoid arrears.
Legal Support for Fair Alimony Changes
Talk to an Attorney Before You Act
If your financial situation has shifted—or you believe your ex-spouse’s has—it may be time to modify or end alimony. We’ll evaluate your options, gather the evidence needed, and fight for a fair result based on Florida’s current laws.
Contact us today to schedule a confidential consultation.