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Dear Vanessa: Can I Contest My Ex’s Filing for More Alimony?

Help! My ex is trying to get more money. What can I do?

The amount of alimony, or spousal support, awarded at the time of divorce is determined by a judge and is intended to last throughout the entirety of that judgment. But, as we all know, circumstances change.

When it comes to alimony, clients often wonder exactly what kind of changes will warrant a post-judgment modification to spousal support. If your ex is filing a petition for more alimony, what can you do?

First, here are three things to know about how the Florida courts will approach the petition:

  • In order for a modification to be granted, there must be a change in need by either a payor or recipient, or a change in the ability to pay by the payor. “Need” and “ability” are the key words here. Simply wanting more money because the payor got a raise will not warrant a modification.
  • The substantial change in circumstances could not have been anticipated at the time of initial ruling, and
  • Spousal support was indeed awarded at the time of divorce. If no alimony was awarded during the initial judgment, then there is nothing to modify.

Florida Statute §61.08 outlines the state’s alimony laws, which can be highly complex. Be sure you have the legal representation you deserve. 

Seeking a post-judgment modification to spousal support can be just as stressful and time-consuming as the divorce process itself was. At Vasquez de Lara Law Group, we’re here to help you through the process of filing a post-judgment modification if your or your ex’s situation changes. Get in touch today to discuss your situation.