Modifiable & Non-Modifiable Alimony Attorney

There are many types of alimony — oftentimes, only one type of alimony will work in a divorce case due to the limits and restrictions of each. Learn more about modifiable alimony and non-modifiable alimony, and contact a divorce lawyer at Silverman and Mack, LLC to consult about your specific case.

Whether a form of modifiable alimony is appropriate for your situation or if non-modifiable alimony better fits your case, our alimony attorneys can help you choose the best option. We approach each client’s case individually and work for the most appropriate form each time. Call us today for a free consultation about your alimony options.

Modifiable Alimony

The court maintains authority to modify alimony unless the parties have agreed to non-modifiable alimony. Modification only occurs when new facts emerge or a change in circumstances happens after the Judgment of Divorce with an alimony provision entered. Examples of change in circumstances include remarriage, cohabitation, changes in needs of the receiving party, change in ability to pay alimony, retirement, and death of either party. A Gainesville divorce attorney can help you navigate whether your life changes constitute a need to modify your alimony agreement.

Permanent Periodic Alimony

Permanent periodic alimony is the most common form of alimony in divorces. Courts take into account the following factors when deciding on this type of alimony.

  • All sources of income available to either party
  • Any other factor crucial to equity and justice
  • Standard of living established during the marriage
  • Contribution of each party to the marriage, including homemaking, child care, education, and career building
  • Age and physical and emotional condition of each party
  • Financial resources (non-marital and marital assets)
  • Duration of the marriage
  • Time necessary for sufficient education or training to enable appropriate employment, when applicable

Rehabilitative Alimony

Rehabilitative alimony is awarded to help a party establish the capacity for self-support through redeveloping previous skills or credentials, or acquiring education, training, or work experience necessary to develop appropriate skills or credentials for employment. Contact our family law attorneys for more information about rehabilitative alimony.

Temporary Alimony

Temporary alimony is paid while the case is open. Payment begins as soon as the alimony is ordered or agreed upon until the case is resolved. Temporary alimony differs from temporary spousal support as temporary spousal support can be requested by a party before one even files for divorce, though a physical separation is required.

Durational Alimony

If permanent alimony is inappropriate, durational alimony may be awarded. It provides a party with economic assistance for a set period of time after a marriage of either short or moderate duration. It may also assist following a long duration marriage if there isn’t an ongoing need for permanent support.

Non-Modifiable Alimony

Alimony that is awarded in gross as a definite amount is considered non-modifiable alimony. According to a 2007 decision by Florida’s Fourth District Court of Appeals, “lump sum alimony establishes a fixed, specific monetary obligation, this tool causes lump sum alimony to have at least two major substantive differences from periodic alimony; the amount awarded is immediately vested and non-modifiable, and this form of alimony does not terminate upon the death of the payor or the remarriage of the payee.”

Lump Sum Alimony

This is a one-time payment of alimony and can be paid as money or property. Lump sum alimony is a way the court can order alimony be paid when periodic payment alimony is inappropriate. This type usually cannot be terminated, even if the paying party dies or receiving party remarries. Florida is one of 15 states which allows lump sum alimony.

Bridge-The-Gap Alimony

This type of alimony assists a party by providing support to allow the party to transition from being married to single. It is designed to help the party with legitimate short-term needs that can be identified. Bridge-the-gap alimony can’t exceed two years and is terminated with the death of either party or if the party receiving alimony remarries.