If you disagree with an alimony order issued in Florida, you have the right to challenge it. The most common way to dispute alimony is by filing a petition to modify alimony, but you can also petition to terminate it. You can pursue either option regardless if alimony was ordered by a court or agreed upon between you and your spouse during mediation.
Reasons to Modify an Alimony Order
When seeking alimony modification, you will need to prove that a substantial change in circumstances has occurred since the alimony order was issued.
Reasons for alimony modification can include the following:
- Changes in employment status
- Changes in earning capacity
- Changes in living arrangements
- Changes in health condition or outcome
You can also challenge alimony through a motion for alimony contempt if there is clear evidence that your former spouse violated failed to make payments or provide funds as ordered by the court. In this case, you will need to provide proof of alimony payments and the court will decide if your former partner is in contempt or not.
Cohabitation & Alimony
By a similar token, you can file to terminate alimony if you have evidence that your former spouse is cohabiting with another individual, got remarried, or no longer requires spousal support payments from you because of a change in their financial outlook.
Cohabitation can be the most difficult of these to prove because you’ll need evidence to demonstrate that your ex-spouse is living with a new partner, claiming to be married, using their partner’s last name, or using the same mailing address as their partner.
You will also need to identify how long your former spouse has cohabited with their new partner, the extent of financial assistance they receive from their new partner, and whether or not they have purchased property together or otherwise have a financial relationship outside of business interests.
Can I Request More Alimony If My Ex Gets a Better Job?
Yes. Any changes in either spouse’s income or earning capacity can form the basis of a petition to modify alimony. This means that you can petition the court to increase what you receive in alimony after your ex gets a raise or a new job; you can also petition the court for more alimony if you lost your job through no fault of your own.
Keep in mind, however, that a request to modify alimony can go either way. Just because you are petitioning the court to increase alimony doesn’t mean that the court can actually reduce your current payments. When a judge agrees to review a petition to modify alimony, the whole order is subject to review. This is why you should consult with an attorney before making any requests to modify your current alimony order.
Contact Our Legal Team for Assistance
If you require legal advice or assistance with an alimony modification, our legal team at Tinny, Meyer & Piccarreto, P.A. can help. We have many years of combined experience that we rely on to provide our clients with personalized and effective legal services. Rest assured that if you wish to alter your alimony order to more equitably reflect the reality of your life after divorce, we can help.
Learn more during an initial consultation with us! Contact Tinny, Meyer & Piccarreto, P.A. online now to get started.