In awarding alimony, the court will consider the needs of the receiving spouse as well as the financial ability of the paying spouse. Modification of permanent alimony is possible under certain conditions. The court may modify alimony if there has been a change in circumstances or financial ability. The change can involve either party and must be considered substantial. Also, it must be shown that the change was not contemplated by either of the parties at the time alimony was awarded.
The court may also consider modifying permanent alimony if the payee is living with and receiving support from another person, for instance a boyfriend or girlfriend. The payer of alimony will have the burden of proof in this situation. The law requires a preponderance of evidence that a supportive relationship exists.
Any modification to alimony must be petitioned through the court which ordered the alimony. The amount of alimony you pay or receive can have a profound effect on your financial future. A qualified family practice attorney can evaluate your situation to determine if it is one in which permanent alimony should be modified. If you would like more information regarding alimony, please call the Law Office of Wade P. Luther, P.A. at (407) 835-9900 or visit our website at