Florida Alimony Modification Laws

Summary

Floridas new alimony law, effective July 1, 2023, eliminates permanent alimony and allows modifications under specific conditions. However, it generally does not retroactively affect final judgments unless modification is sought under the laws provisions. Modifications are allowed for substantial, permanent, and unanticipated changes in circumstances, retirement in good faith, the recipients improved financial situation, or changes in the need for support or payers ability to pay. Consult your attorney to determine how these laws apply to your case.

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I was divorced in * in FL. My ex wife was awarded permanent alimony on the basis that she had never worked and needed to take care of our developmentally disabled son, who was in school.
Are you looking for information on how to modify or terminate the permanent alimony order? Or is there another specific issue you'd like guidance on?
Yes, I am returning to court to seek to have permanent alimony terminated. My ex wife can work, she simply doesn’t want to. She also does not take care of our disabled adult son. She regularly misses medical appointments that he needs to attend, does not pick up his medication in time, and does not take him for things like the lab or blood work that is necessary ro ensure that he is on the correct dose of anti-seizure medication. She also neglected his teeth so badly that he had been left with just two teeth on one side of his mouth with which he can chew. He has lost * permanent teeth since she had not taken him to the dentist in more than 8 years, despite the fact that I pay for dental insurance for him and he is also covered by the State of Florida.
To terminate or modify permanent alimony, generally, you'd need to show a substantial change in circumstances. From what you've described, the key arguments could include:
- Your ex-wife's ability to work.
- Her failure to fulfill the caregiving role for your son, which was part of the reasoning for alimony.
- Evidence of neglect regarding your son's health and dental care.
Gather strong evidence, such as medical records, dental records, missed appointments, and proof of her ability to work. Since this involves legal action, consulting a family law attorney is highly recommended for personalized assistance. Would you like help finding one?
I have an attorney. I would like more information about Florida’s new law’s regarding permanent alimony. Given that my case was adjudicated in *, will those laws apply ?
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Florida's new law, effective July *, *, eliminates permanent alimony and allows for modifications or terminations under certain conditions. However, laws generally do not retroactively affect final judgments. If your * case is final, the new law may not automatically apply unless you seek modification under the law’s provisions.
Ask your attorney about applying the new law to your specific case.
Under what conditions is modification allowed?
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In Florida, modification or termination of alimony is generally allowed under these conditions:
- A substantial, permanent, and unanticipated change in circumstances.
- Retirement if reasonable and in good faith.
- The recipient's improved financial situation or ability to work.
- A significant change in the need for support or the payer's ability to pay.
Discuss with your attorney how these apply to your case.