Question:
I am 62 years old and am paying permanent alimony. I am paying nearly $1,500 per month and don’t think I will ever be able to retire.
Is there anything I can do to modify or terminate my alimony payments?
Answer:
I do not have all the facts of your specific case so I cannot provide you a full and complete response and can only provide you general tips regarding alimony.
I am not sure what your divorce decree and/or settlement agreement, if any, provides with regard to alimony. Some agreements may waive the statutory right to modification of alimony.
If your agreement does not waive the right to modification of alimony then you may be able to modify depending on the circumstances.
Retirement at the age of 65 may carry great weight in a request to modify and/or terminate permanent alimony. The court will look into the circumstances and the reasons for the payor spouse’s retirement and determine if it is reasonable.
Permanent alimony can also be modified or terminated if your former spouse is in a supportive relationship with another person. The Florida Statute provides factors the court must consider in determining whether a supportive relationship exists.
Furthermore, permanent alimony can be modified if there has been a reduction in your income since the divorce decree was entered. I understand that it may be difficult to keep up with your living expenses, child support and alimony. If any of the above has occurred since the divorce decree was entered, you may want to look into filing a supplemental petition to modify and/or terminate alimony.
The general standard for a modification is a substantial change in circumstances. A substantial change is a change that is permanent, involuntary, material and that was unanticipated at the time the divorce decree was entered by the court.
I would encourage you to contact a domestic litigation attorney licensed in your area that can examine the full details of his situation. Cordell & Cordell has attorneys who are licensed and located in Florida who would be happy to discuss your case with you in detail.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Florida divorce lawyer Christina Lapadula, contact Cordell & Cordell.
