Tag: florida alimony modification

modification of alimony in Florida

Modification of Alimony in Florida / Termination of Alimony in Florida

When identifying whether you can terminate alimony in Florida or modify alimony in Florida, it is important to research not only case law to support your petition, but also the meaning of Florida Alimony Statute 61.14, ā€œEnforcement and modification of support, maintenance, or alimony agreements or ordersā€. The new Florida alimony reform bill, Senate Bill SB 1416 also addresses issues such as retirement and the standard of proof for an award of alimony. Florida Alimony Statute 61.14 informs us that the modification of alimony in Florida or termination of alimony in Florida can be ruled on by the court when there has been a supportive relationship between the recipient/obligee and a person with whom he or she is co-habitating. The burden of proof in a petition for modification of alimony or petition for termination of alimony is on the obligor/payor (person ordered to pay alimony). Their evidentiary burden is to prove the existence of a supportive relationship by a ā€œpreponderance of the evidenceā€. Ultimately, the court has the discretion to probe any number of facts and issues to determine whether a supportive relationship exists between the recipient former spouse and their significant other. SB 1416 requires that the payor prove the existence of a supportive relationship as a threshold test, after which the burden shifts to the payee to prove the non-existence of the supportive relationship. Call Jacobs Law Firm to speak with an alimony attorney at 407-335-8113 to discuss your alimony modification today.

termination of alimony in Florida

Petition for Modification of Alimony or Petition for Termination of Alimony

The court is required to make written findings in alimony modification cases. Based on your petition for modification of alimony or petition for termination of alimony, the court will consider the following (just some of the factors and they are paraphrased to plain language) in making its decision on modification of alimony in Florida or termination of alimony in Florida:

  • Have the recipient spouse and their romantic partner held themselves out to be a married couple by their behavior, or otherwise conducting themselves in a way that ā€œevidences a permanent supportive relationshipā€?
  • How long the recipient spouse has lived with their significant other in a permanent residence.
  • The extent to which the recipient spouse and their partner have combined their finances and demonstrated shared expenses.
  • How much the couple has supported each other financially.
  • The degree to which the recipient spouse has performed valuable services for the romantic partner or the romantic partnerā€™s company or employer.
  • Whether the romantic partner and recipient spouse when seeking a modification of alimony in Florida have enhanced the value of any shared assets.
  • Whether the romantic partner and the other person have jointly contributed to the purchase of any real or personal property.

Call Jacobs Law Firm at 407-335-8113 to discuss your modification of alimony in Florida or termination of alimony in Florida. Attorney Jacobs may be able to help provide you with substantial savings. Each case is unique and we can analyze the facts of your alimony case.