Spouses who are ordered to pay alimony in Florida often wonder under what circumstances the alimony can be modified or terminated. In some cases, the spouses may have a written agreement that provides how alimony can be modified or terminated. If they don’t, there are some general rules about how when alimony can be terminated or modified.
If the alimony is bridge-the-gap alimony, which is very short term (less than two years), and is to help the recipient spouse meet short term needs, it is not modifiable under any circumstances. Rehabilitative alimony, which is designed to help the recipient spouse receive education or training, can be modified if the recipient fails to comply with the terms of the rehabilitation plan, or completes the plan early. Rehabilitative alimony can also be modified if there’s a change in financial circumstances for either spouse.
Permanent alimony and durational alimony (alimony which lasts for a specific amount of time, but not longer than the length of the marriage) can be modified if there’s a chance in the financial circumstances of either party. However, durational alimony can only be changed in amount, but not in duration. Permanent alimony can also be modified or terminated if the recipient lives with a romantic partner in a “supportive relationship”. Finally, both permanent and durational alimony end automatically if the recipient spouse remarries or if either spouse dies.
Alimony can be modified or terminated, but either the payor or the recipient must petition the court in order to do so. The prospect of going to court again may not sound appealing, but it can be worth it in the long run.