HOW CAN I GET A REDUCTION IN

ALIMONY IN BOCA RATON, FLORIDA?

TINA L. LEWERT, ESQ.

The determination of alimony begins with the elements

of “ability to pay” and “need.”

How Can I Get a Reduction In Alimony in Boca Raton, Florida? 2

The determination of alimony begins with the elements of “ability to pay” and “need.”

In order for the

court to award

alimony, both

elements must be

met. Regardless of

the ability to pay on

the part of one

partner, if the other

partner cannot

demonstrate a

need, alimony will

not be ordered.

Likewise, if one party can demonstrate a need but the other party does not have the

ability to pay, the court will not award alimony.

If both elements are present, the court will apply current Florida alimony laws to

determine the amount of alimony to be paid. Once alimony is ordered, there are

instances where a reduction in alimony may be justified at a later date.

Factors That Affect the Amount of Alimony Awarded

Once the courts determine that both elements necessary for an award of alimony have

been met, the court must then apply the individual facts of the case to the factors that

determine the amount and type of alimony to be awarded. The factors that the court

considers when determining the type and amount of alimony are:

How Can I Get a Reduction In Alimony in Boca Raton, Florida? 3

The duration of the marriage.

The age, physical condition and psychological condition of the parties.

The financial resources available to each party including marital assets, non-

marital assets and the liabilities of each party.

The standard of living enjoyed by the parties during the marriage.

Every source of income available to both parties.

The contribution of the parties to the marriage including but not limited to

childcare, career building of the other spouse, homemaking and education.

If applicable, the time necessary for either party to obtain sufficient training

and/or education to obtain employment to provide for his or her needs.

Any other factor that would result in justice and equity between the parties.

Types of Alimony in Florida

If the court determines that alimony is appropriate, the next step is to determine the

type of alimony to be paid. In Florida, there are six types of alimony that may be

awarded in a case based on the specific circumstances and facts of the case.

1. Temporary alimony – Awarded by the court pending a final determining in the

case.

2. Bridge-the-gap alimony–Used by the courts to help one spouse transition from

married to single life. This type of alimony may be used in marries of short

duration or where one spouse needs assistance for a short period of time as he or

she faces the financial pressures of being single again.

How Can I Get a Reduction In Alimony in Boca Raton, Florida? 4

3. Rehabilitative alimony - This type of alimony assists a spouse in obtaining the

training and/or education necessary to obtain a job to become self-sufficient. The

spouse must have a rehabilitative plan setting forth the time frame and the

objectives of the party receiving the alimony.

4. Lump sum alimony – Alimony that is paid in a lump sum and is non-modifiable.

5. Durational alimony – This type of alimony is used when permanent periodic

alimony is not warranted but one spouse needs economic assistance for a specific

period of time. The term of durational alimony may not exceed the length of the

marriage.

6. Permanent periodic alimony – Typically awarded in marriages of long duration.

Alimony is paid on a periodic basis with no set date for termination.

Reduction in Alimony Payments

In order to have a reduction in

alimony payments, you must file

a Supplemental Petition to

Modify Alimony with the court.

To qualify for a reduction in

alimony payments, you must

demonstrate to the court that a

substantial change in

circumstances has occurred

since the signing of the original order granting alimony.

How Can I Get a Reduction In Alimony in Boca Raton, Florida? 5

Typically, a substantial change in circumstances is an involuntary, permanent and

material change that was unanticipated at the time alimony was granted. Some

examples of substantial changes in circumstances include but are not limited to:

Health issues of one of the parties

Substantial inheritance

Long-term unemployment

Retirement of the payor

Payee fraud

Payee remarries

Evidence of cohabitation or supportive relationship

Unfortunately, a reduction in alimony is not a simply process. You must file your petition

with the court, participate in mediation, comply with financial disclosure requirements

and go through a trial if you cannot settle the issue through mediation and negotiations.

This is the main reason you need an experienced Florida alimony attorney when you are

seeking a reduction in alimony or you are objecting to a petition for reduction of

alimony.

How Can I Get a Reduction In Alimony in Boca Raton, Florida? 6

Does the Type of Alimony Affect Petitions for a Reduction in

Alimony?

Yes, the type of alimony that you are awarded can affect when, if and how the alimony

may be modified.

Permanent alimony may be modified or terminated if there is evidence of a supportive

relationship or a substantial change in circumstances.

Rehabilitative alimony may be modified or terminated for a substantial change in

circumstances, noncompliance with the rehabilitative plan or upon early completion of

the rehabilitative plan.

Bridge-the-gap alimony is non-modifiable in either amount or duration.

Temporary alimony is paid during the court of the divorce action and may be modified

by the court at any time.

Lump sum alimony is generally not modifiable once it has been ordered by the court.

Durational alimony may be modified as to the amount to be paid upon the showing of a

substantial change in circumstances; however, the term of durational alimony may not

be modified except under exceptional circumstances.

How Can I Get a Reduction In Alimony in Boca Raton, Florida? 7

Contact a Boca Raton Alimony Reduction Attorney for More

Information

Be Confident. You have a Legal Expert on Your Side

Lewert Law Offices, P.A., is a full service Boca Raton Family Law firm providing expert

legal advice and representation in all aspects of marital and family law representing

clients throughout Broward County and Palm Beach County. Tina L. Lewert, Esq. is Board

Certified by the Florida Bar in Marital & Family Law. She is also a highly-skilled mediator

who has been certified by the Florida Supreme Court.

Contact Lewert Law Offices, P.A. by calling 561-419-9634 or by using our convenient

online contact form.

How Can I Get a Reduction In Alimony in Boca Raton, Florida? 8

Learn More about the Florida Relocation Statute from an

Experienced Boca Raton Relocation Attorney

Tina L. Lewert, Esq. is an experienced family law trial attorney who willwork tirelessly to

protect the best interest of your child. Her extensive family law experience allows her

to formulate a strategy that takes into consideration the details of your case to help you

achieve the outcome you desire. Ms. Lewert has a great deal of litigation experience

trying parental relocation matters on both sides of the issue.

Ms. Lewert is Florida Board Certified Specialist in Marital and Family Law so you can

trust that you will be receiving expert legal counsel as you contemplate your options

regarding the relocation of your child. ContactLewert Law Offices today at 561-544-

6861 to schedule an appointment.

How Can I Get a Reduction In Alimony in Boca Raton, Florida? 9

About the Author

Tina L. Lewert, Esq.

Tina L. Lewert, Esq. is a seasoned lawyer who works with

clients to resolve all of their family law and divorce issues,

including complex asset distribution, child custody and

parenting issues, child support, alimony, and marital

agreements, working diligently to obtain the best results

possible. As a Board Certified Specialist in Marital & Family

Law, Ms. Lewert is one of fewer than 6% of lawyers in

Florida who has been designated by The Florida Bar as an

“Expert” in her area of practice. Board Certification is the

highest level of recognition by The Florida Bar of the

competency and experience of attorneys in their field. Certified lawyers are the only

lawyers permitted to identify or advertise themselves as “Experts,” “Specialists,” or

“Florida Bar Board Certified.” Achieving such status involves meeting the rigorous

standards set by The Florida Bar Board of Legal Specialization and Education, which is

operated by the Supreme Court of Florida, and includes favorable confidential peer and

judicial review, extensive continuing legal education, and substantial involvement and

trial work in marital and family law cases sufficient to demonstrate special competence

in the area of practice. Ms. Lewert is also a Supreme Court Certified Family Law

Mediator.

Lewert Law Offices

The Plaza 5355 Town Center Road, Suite 203 Boca Raton, Florida 33486 Phone: 561-544-6861 Website: www.lewertlaw.com