Can You Bring Back the Alimony Gravy Train After It Has Departed?
All alimony awards are modifiable unless the alimony order is not modifiable; this only happens if, during mediation, the parties agree to waive the right to modify the alimony order. In practice, most alimony modifications go in only one direction, the direction that favors the paying spouse. When the courts agree to modify an alimony award, it is almost always to shorten the duration or reduce the amount indicated in the original order. For example, former spouses can reduce their alimony amount or terminate the order if they suffer an unforeseen change in financial circumstances, such as if they lose their jobs or must retire earlier than they had planned because of ill health. They can also terminate the alimony award early if the recipient spouse cohabitates with a new partner or gets financial support from a romantic partner, even if they do not live together. In theory, the courts can extend the duration of alimony payments, even though this rarely happens; if you continue to receive alimony payments beyond the date indicated on the alimony order, it is usually because your ex-spouse fell behind on payments and continues to make overdue payments beyond the end date indicated on the alimony order. If the court ordered your ex-spouse to pay alimony, but not as much alimony as you need, contact a Boca Raton alimony lawyer.
What Happens When Life Happens to You, Your Ex-Spouse, and Your New Partner?
When Adele and Alan divorced after 25 years of marriage, their alimony order provided that Alan would pay upwards of $2,000 in alimony to Adele per month until her 62nd birthday, at which point she would begin drawing Social Security. The alimony order indicated that Adele had the right to petition the court to extend the duration of alimony past her 62nd birthday, based on her financial need and on Alan’s continued ability to pay. When Adele moved in with another partner, Alan did not petition the court to terminate the alimony obligation early, even though he had the right to do so, but the parties mutually agreed to reduce the amount.
Two months before her 62nd birthday, Adele was diagnosed with cancer; she retired so that she could undergo treatments. She also petitioned the court to extend the alimony payments; her partner had died several years earlier, leaving her with no income except alimony from Alan. Alan responded to the petition, requesting that his alimony obligations end on Adele’s 62nd birthday, as originally planned. Alan had also suffered from cancer, and it had forced him to retire earlier than he had wanted to. The court originally sided with Alan, but Adele filed an appeal.
Contact Schwartz | White About Changes in Circumstances After an Alimony Award
A South Florida family law attorney can help you reduce or extend the duration of your alimony order if life took an unexpected turn after your divorce became final. Contact Schwartz | White in Boca Raton, Florida about your case.
Source:
scholar.google.com/scholar_case?case=5269845412523150786&q=family+anniversary&hl=en&as_sdt=4,10&as_ylo=2016&as_yhi=2026
