Alimony in the state of Florida can be a very complex issue. Factors to be considered with your expert Tampa family law attorney not only range from the amount and duration of the alimony award, but what can happen to the alimony in the future. The Florida family law statutes have recently been changed by the legislature to address certain forms of alimony which can impact the conditions of an alimony payment.
In general, Florida statutes provide that alimony is modifiable in nature. Florida family law provides that the amount of alimony can be modified based on a substantial change of one party's current financial condition. Under this concept an alimony award can be either increased or decreased based on the substantial change. Once parties have established that they have met the substantial change element, the court will then analyze the respective needs and abilities of the parties in order to address whether a change is warranted.
Thus, in theory, one party may actually seek an increase in alimony after a divorce decree or final judgment has been entered. It is important to note and to be informed that there are several obstacles which may limit the ability to seek an increase in alimony. These limitations can be found in the terms and conditions in the Marital Settlement Agreement, limitations based on the type of alimony being received, as well as limitations based on a party's current living conditions.
Because there are several issues that may impact the future of an alimony claim it is strongly recommend that each party speak with an experienced Tampa family law attorney to ensure they have a strong understanding of the alimony laws and in order to protect their best interests in the future.