To modify alimony in Florida, you file a Supplemental Petition for Modification of Alimony in the circuit court that entered your order and prove a substantial change in circumstances, such as job loss, retirement or the recipient’s supportive relationship. In Ocala, you file with the Marion County Clerk of Court. Our alimony modification paperwork service prepares these forms, and our divorce document preparation page covers related family law filings.
When Can Alimony Be Modified in Florida?
Florida law allows a court to increase, reduce or end alimony when circumstances change after the final judgment. The change generally must be:
- Substantial, meaning a real difference in income or need
- Involuntary, so quitting a job to lower payments usually will not work
- Permanent, rather than a short-term setback
- Not expected at the time of the original order
Some divorce agreements state that alimony cannot be modified. If yours does, the court will usually enforce that term, so check your marital settlement agreement before you file.
What Counts as a Substantial Change in Circumstances?
Common examples include:
- Job loss or a large, lasting drop in income
- Retirement at a reasonable age
- A serious illness or disability
- A large increase in the recipient’s income
- The recipient living in a supportive relationship
- The recipient’s remarriage, which generally ends periodic alimony
How the 2023 Florida Alimony Law Changed Modifications
Florida’s alimony law changed on July 1, 2023. The main points for modifications are:
- Permanent alimony ended for final judgments entered on or after July 1, 2023. Courts can now award bridge-the-gap, rehabilitative and durational alimony.
- Retirement: a paying spouse may file to modify alimony up to six months before a planned retirement, and the court weighs factors such as age, health and the type of work.
- Supportive relationship: if the paying spouse proves the recipient is in a supportive relationship, the court must reduce or end alimony unless the recipient shows it should not.
- Durational limits: durational alimony generally cannot last longer than 50 percent of a short marriage, 60 percent of a moderate-term marriage, or 75 percent of a long-term marriage.
How the new law applies to an order entered before July 1, 2023 depends on the facts. If your order is older, consider a free attorney referral before you file.
Forms You Need to Modify Alimony
A typical Florida alimony modification packet includes:
- Supplemental Petition for Modification of Alimony
- Family Law Financial Affidavit (Short Form or Long Form)
- Certificate of Compliance with Mandatory Disclosure
- Notice of Social Security Number
- Summons, so the other party can be served
- Child Support Guidelines Worksheet, if child support is also being changed
How to File an Alimony Modification in Marion County
- Gather proof of the change, such as termination letters, pay records, medical records or retirement plans.
- Complete the supplemental petition and financial affidavit.
- File the forms with the Marion County Clerk of Court in the Fifth Judicial Circuit.
- Have the other party formally served.
- Exchange financial documents through mandatory disclosure.
- Attend mediation if the court orders it, which can lead to a written agreement.
- Attend a hearing where a judge decides whether to change the alimony.
Keep Paying Until the Court Changes the Order
Alimony does not change when your circumstances change. It changes only when a judge signs a new order. If you stop paying on your own, you can fall behind and face a motion for contempt. File as soon as the change happens, because a court can often make a modification effective back to the filing date.
Can You Modify Alimony Without a Lawyer?
Yes. Many people file an agreed or simple modification on their own using Florida Supreme Court approved forms. If your former spouse disputes the change, or you need to prove a supportive relationship, an attorney can help you present evidence. If you also pay or receive child support, read our guide to modifying child support in Ocala or see child support modifications.
Get Help Modifying Alimony in Ocala
Court Source, Inc. has helped Central Florida residents prepare family law forms since 2017. We prepare your alimony modification forms from the information you provide and offer free attorney referrals when you need legal advice. Contact our Ocala office to get started.
This article is general information and is not legal advice.
