Modification of Alimony

There is an old saying that only death is final. In divorce cases, except for property rights, nothing is ever final in a final judgment of dissolution of marriage (divorce decree). Everything is subject to modification.

Divorce cases involve a limited number of issues: custody and timesharing, child support, alimony, property division and the divorce itself. Except for property division I. E. Equitable distribution everything else is subject to modification. Modification of child support is discussed in another article. In order to modify something in a post judgment of divorce case there is a certain procedure that must be followed.

The law offices of West Palm Beach alimony modification attorney, Jessica Mishali, has represented former wives and former husbands in alimony modification proceedings for over four decades.

Lump sum alimony is considered to be a division of property and is not a form of alimony. It is therefore not subject to modification. All other forms of our money I. E. Permanent periodic, durational, bridge the gap and rehabilitative are subject to modification.

Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support either (1) the redevelopment of previous skills or credentials; or (2) the acquisition of education, training, or work experience to develop appropriate employment skills credentials. An award of rehabilitative alimony may be modified or terminated upon a showing of a substantial change in circumstances, noncompliance with the rehabilitative plan, or completion of the rehabilitative plan.

Bridge the gap alimony may be awarded to assist a party by providing support to allow the party to make a transition from being married to being single. Bridge the gap alimony is designed to assist a party with legitimate identifiable short-term needs, and the length of the award may not exceed two years. An award of bridge the gap alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award of bridge the gap alimony is not modifiable in amount or duration. The award may be ordered to be paid in periodic payments or lump sum.

Durational alimony may be awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide a party with economic assistance for a set time following a marriage of short duration, moderate duration, or following a marriage of long duration if there is no ongoing need for support of a permanent basis. An award of durational alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. The amount of may be modified or terminated based upon a substantial change in circumstances. However, may not be modified except under exceptional circumstances and may not exceed the length of the marriage. Exceptional circumstances are not defined.

Permanent periodic alimony is to provide for the needs and necessities of life as they were established during the marriage of the party's for a party lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage. The two primary elements to be considered when determining permanent periodic out the of the needs of one spouse for the funds and the ability of the other spouse to provide the necessary funds. The criteria to be used in establishing this need include the parties’ earning ability, age, health, education, the duration of the marriage, standard of living enjoyed during its course, and the value of the parties’ estates. The award of permanent alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony.

At the law offices of West Palm beach modification of alimony at the, Jessica Mishali, we handle the full range of family law and divorce matters and will represent and counsel with you with professionalism and confidentiality. Please contact West Palm Beach divorce attorney, Jessica Mishali at (561) 833-2772 or contact us online for a consultation.