Chadwick M. Layton, Esq.[i]
Harvey Waddell & Layton, P.A.
CAN ALIMONY BE MODIFIED?
Generally, the answer is yes.
Most alimony obligations are the result of a mediated settlement agreement. Prior to negotiating any alimony obligation, divorce counsel should have a full disclosure of the finances, assets and the earning capacity of each spouse.
Additionally, counsel should perform a need and ability to pay analysis as it relates to the specific parties of the marriage and the standard of living that they established during their marriage.
The due diligence performed by legal counsel to determine if an alimony obligation exists is focused on each spouses’ financial position at the time of divorce.
Often times, the financial position of one or both of the former spouses will change substantially after the divorce occurs. This change in financial circumstance may provide the basis to petition the court for a modification of the alimony obligation. The court has the authority to increase, decrease or even terminate the alimony obligation.
Common factors that may support a petition to modify the alimony obligation include: a 15% change in the income of a former spouse or the remarriage of a former spouse.
The law firm you choose in divorce should match your goals for divorce.
[i] Chadwick M. Layton is a partner and shareholder at Harvey Waddell & Layton, P.A., located in downtown Lake Worth.
Mr. Layton is also a member of the Florida Bar Family Law Section and the Susan Greenberg Family Law American Inn of Court of the Palm Beaches,
101 North J Street, Lake Worth
Phone (561) 585-4631