How to Petition an Increase in Alimony
Posted By Posted by Givens Givens Sparks on Sep 24, 2015 9:08am PDT || Sep 24, 2015
In Florida, divorced individuals can qualify for alimony if one spouse is making more than the other. Alimony is there to ensure both individuals retain the quality of life that they had during the marriage. That is why the court can order one spouse to pay the other alimony, until the other spouse is on their feet. However, certain situations can arise in which a spouse may need to increase the alimony payments.
What can warrant an increase in alimony?
Changes in alimony payments can occur if there has been a substantial change in circumstances. The alimony recipient can ask for an increase in payments if they experience:
- A decrease in income
- A loss of financial assets
- An inability to earn income
- A failure in current alimony payments to establish previous quality of life
There are also instances where the spouse who is paying alimony obtains a better financial status, which might affect alimony payments as well.
How can I petition for an increase in alimony?
In order to petition for a change in alimony, you must be able to prove to the court that either your or your spouse’s financial situation has changed. You must show proof that whatever change in financial circumstances is prominent enough to warrant an increase in alimony payments. The paying spouse must also be able to afford the new increase in payments.
The court will dismiss petitions of increased alimony if the receiving spouse consciously changed financial circumstances to garner an alimony increase. The court will also dismiss the request if the recipient spouse has other sources of income that has not been reported.
Divorce and alimony can be difficult topics to broach, especially if it was not an amicable divorce. Contact our experienced Florida divorce attorneys to review your case and help you obtain the alimony you deserve.