Requesting an Abatement for Alimony Payments During COVID-19 Pandemic

Our lives have been turned upside down right now, and the stress and anxiety are mounting. If you are the payor or recipient of alimony, you may be thinking hard about your options and responsibilities in light of the COVID-19 pandemic, especially if your employment circumstances have changed significantly as a result of the crisis.

As you review your spousal support agreement that was put in place during divorce, it’s important to understand whether or not the agreement is modifiable.

If your agreement is non-modifiable, one of your only options is to ask the court for an abatement. An abatement will enable you to delay payments until you are able to go back to work or until your situation changes and you are able to start making money again. Failure to request the court for permission to delay alimony may land you in contempt of court.

If your alimony agreement is modifiable, either because it was negotiated in your agreement or court-ordered, then your alimony may be modified or changed by asking the court for relief and demonstrating that there has either been a change in need or ability to pay.

When financial circumstances change, it may also be helpful to calculate spousal support to better understand how updated income or employment conditions could affect the amount ordered by the court.

Under current standards for alimony modification in Florida, any petition for a permanent change must prove that the shift in circumstances is material, involuntary, and permanent. While the 2023 legislative reforms have streamlined the process for modifications related to retirement or supportive relationships, economic crises like a pandemic often lead courts to favor temporary “abatements” or “suspensions” over permanent changes, ensuring the order can return to its original state once the financial climate stabilizes.

Failure to comply with your agreement may land you back in court or worse. If you have faced a significant change in circumstances due to the pandemic, don’t wait another moment to talk with us at Vasquez de Lara Law Group about your options.

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