If you only remember one point about modifying alimony in Florida, remember this: A substantial, material, and permanent change in either party’s financial situation or the recipient’s need. For durational alimony the court may modify or terminate on such a change; the 2023 reforms cap durational alimony by marriage length and eliminated permanent periodic alimony for new cases. Procedure, examples, and the opinions below hang off Fla. Stat. §§ 61.14(1)(a), (1)(b), 61.08. Lump-sum alimony used to balance equities is generally non-modifiable; bridge-the-gap alimony is modifiable only in limited ways. Death of either party or remarriage of the recipient automatically terminate alimony. A supportive relationship (cohabitation) under § 61.14(1)(b) may reduce or end payments.
Cohabitation and remarriage
Death of either party or remarriage of the recipient automatically terminate alimony. A supportive relationship (cohabitation) under § 61.14(1)(b) may reduce or end payments.
Cohabitation cases are intensely fact-driven: shared finances, shared household expenses, the relationship's public character, and its duration all matter. Florida procedure requires proof — surveillance or speculation is not enough, and the recipient gets discovery and a hearing before payments stop. Until a court order issues, keep paying.
Walking through Florida facts
Use this walkthrough to see which Florida authority does the work at each step.
A former spouse in Florida asks to change periodic alimony after retirement or a drop in income.
- File a supplemental petition to modify filed in the circuit court case.
- Match the facts to the Florida standard: A substantial, material, and permanent change in either party’s financial situation or the recipient’s need. For durational alimony the court may modify or terminate on such a change; the 2023 reforms cap durational alimony by marriage length and eliminated permanent periodic alimony for new cases.
- Check whether this award can be modified at all: Lump-sum alimony used to balance equities is generally non-modifiable; bridge-the-gap alimony is modifiable only in limited ways.
- If the request is to end support, prove a trigger: Death of either party or remarriage of the recipient automatically terminate alimony. A supportive relationship (cohabitation) under § 61.14(1)(b) may reduce or end payments.
Prospective relief, with limited retroactivity to the filing date when equities require it. The forum is the circuit court that entered the order, or the Department of Revenue (DOR) child support program.
Step-by-step: how to file
- Read the decree and any incorporated agreement. Lump-sum alimony used to balance equities is generally non-modifiable; bridge-the-gap alimony is modifiable only in limited ways. Confirm the court retained jurisdiction to modify.
- Confirm the forum. Modification goes to a supplemental petition to modify filed in the circuit court case. If a party has moved away, UIFSA and registration rules determine where the petition belongs.
- Gather evidence dated to the change. Termination notices, disability awards, pension and Social Security statements, tax returns, medical records, or evidence of the recipient's cohabitation.
- File and serve promptly. Prospective relief, with limited retroactivity to the filing date when equities require it.
- Exchange financial disclosure. Many courts require updated financial affidavits; self-employment cases often add forensic accounting or a vocational expert.
- Seek temporary relief if needed. Where circumstances are dire, ask the court for interim reduction or suspension pending the full hearing — Florida judges can grant temporary remedies in appropriate cases.
- Litigate, mediate, or stipulate. A settlement must be reduced to an order and entered before payment obligations change.
When the change takes effect
Prospective relief, with limited retroactivity to the filing date when equities require it.
The corollary: unilaterally reducing or stopping payments before an order issues builds arrears, interest, and contempt exposure — even if you ultimately win the modification.
Awards that cannot be modified (or are hard to change)
Lump-sum alimony used to balance equities is generally non-modifiable; bridge-the-gap alimony is modifiable only in limited ways.
Common traps:
- Lump-sum or property-division awards styled as alimony are usually final when entered.
- Agreement language that waives modification binds the parties even though the statute would allow a petition.
- Expired terms — once a fixed term lapses, most states will not revive it; a timely pre-expiration motion is critical.
- Jurisdiction reservations — in some states, if the decree did not expressly reserve jurisdiction to modify, no later court can.
Case law: how Florida courts decide alimony modification
These LawDiver opinions show how Florida appellate courts weigh changed circumstances, retirement, and cohabitation:
THE FLORIDA BAR RE AMENDMENT TO FLORIDA RULES OF CIVIL PROCEDURE (DISSOLUTION OF MARRIAGE)
…e) (a) Financial Statement. Every application for temporary alimony, child support, attorneys’ fees or suit money shall be accompanied by an affidavit specifying the party’s financial circumstances. The affidavit shall be served at the same time that notice of hearing on the application is served. The opposing party shall make an affidavit about his financial circumstances and…
Practitioners open THE FLORIDA BAR RE AMENDMENT TO FLORIDA RULES OF CIVIL PROCEDURE (DISSOLUTION OF MARRIAGE) when Florida alimony modification turns on the distinction in this sentence: "Financial Statement. Every application for temporary alimony, child support, attorneys’ fees or suit money shall be accompanied by an affidavit specifying the party’s financial circumstances." Do not lift it out of the facts the court was deciding.
In re The Marriage of Jutta R. ANDERSON v. William J. ANDERSON
In re The Marriage of Jutta R. ANDERSON v. William J. ANDERSON, 1983 Fla. App. LEXIS 24454 (1983)
…a petition to modify and extend an award of rehabilitative alimony, although filed after the rehabilitative period has expired, but during the time the husband has not fulfilled his financial obligation under the original order and is in arrears in his payments. The trial court dismissed the petition for lack of jurisdiction. We reverse. The final judgment dissolving the marri…
Practitioners open In re The Marriage of Jutta R. ANDERSON v. William J. ANDERSON when Florida alimony modification turns on the distinction in this sentence: "The trial court dismissed the petition for lack of jurisdiction. We reverse." Do not lift it out of the facts the court was deciding.
In re The Marriage of Noel K. MACLAREN v. Bridget M. MACLAREN
In re The Marriage of Noel K. MACLAREN v. Bridget M. MACLAREN, 1993 Fla. App. LEXIS 3208 (1993)
…spend or terminate his obligation to pay permanent periodic alimony to appellee (the former wife). He raises two issues: (1) whether the trial court committed reversible error when it denied his counter-petition; and (2) whether the trial court committed reversible error when it refused to grant comity to a New Zealand court decree. We conclude that the trial court misconstrued…
Florida opinions such as In re The Marriage of Noel K. MACLAREN v. Bridget M. MACLAREN are cited where alimony modification is disputed. The court stated: "He raises two issues: (1) whether the trial court committed reversible error when it denied his counter-petition; and (2) whether the trial court committed reversible error when it refused to grant comity to a New Zealand court decree." That is the language to brief; the rest of the decision supplies the procedural posture.
DEPARTMENT OF REVENUE, CHILD SUPPORT, ENFORCEMENT DIVISION, etc. v. Mary MOORE
….. to receive, record, report, disburse, monitor and handle alimony and child support payments. It is obviously intended to defray attendant expenses of those activities. § 61.181(2)(a). That section also sets limits on the amount of the fee, both maximum and minimum, and it further expressly states that the fee “shall be considered by the court in determining the amount *980of…
Florida opinions such as DEPARTMENT OF REVENUE, CHILD SUPPORT, ENFORCEMENT DIVISION, etc. v. Mary MOORE are cited where alimony modification is disputed. The court stated: "It is obviously intended to defray attendant expenses of those activities. § 61.181(2)(a)." That is the language to brief; the rest of the decision supplies the procedural posture.
In re the Marriage of Renate A. MARSH v. Donald A. MARSH
In re the Marriage of Renate A. MARSH v. Donald A. MARSH, 11 Fla. L. Weekly 861 (1986)
…stribution. The trial court’s denial of attorney’s fees and alimony was based on competent evidence that the wife could obtain a position teaching German in the county school system and that she had already paid her attorney a large portion of the fees. With the foregoing explanation and modification we deny the petition for rehearing. REHEARING DENIED. UPCHURCH, J., concurs. S…
On alimony modification, In re the Marriage of Renate A. MARSH v. Donald A. MARSH speaks to the Florida dispute in this passage: "The trial court’s denial of attorney’s fees and alimony was based on competent evidence that the wife could obtain a position teaching German in the county school system and that she had already paid her attorney a large portion of the fees." The surrounding opinion shows how the court applied that language to the record.
In re the Marriage of Rose E. STONE, Appellant/Cross-Appellee v. Harry C. STONE, Appellee/Cross-Appellant
…se we must conclude the trial judge erred in increasing the alimony to only $150.00 per week. All the evidence shows the disabled former wife needs at least $335.00 to maintain herself and that the former husband is well able to provide that amount. There has been a substantial change in circumstances in both the needs of the former *839wife and the ability of the former husban…
Practitioners open In re the Marriage of Rose E. STONE, Appellant/Cross-Appellee v. Harry C. STONE, Appellee/Cross-Appellant when Florida alimony modification turns on the distinction in this sentence: "All the evidence shows the disabled former wife needs at least $335.00 to maintain herself and that the former husband is well able to provide that amount." Do not lift it out of the facts the court was deciding.
THE FLORIDA BAR RE AMENDMENT TO FLORIDA RULES OF CIVIL PROCEDURE (DISSOLUTION OF MARRIAGE)
…ce) (a)Financial Statement. Every application for temporary alimony, child support, attorneys’ fees or suit money shall be accompanied by an affidavit specifying the party’s financial circumstances. The affidavit shall be served at the same time that notice of hearing on the application is served. The opposing party shall make an affidavit about his financial circumstances and…
THE FLORIDA BAR RE AMENDMENT TO FLORIDA RULES OF CIVIL PROCEDURE (DISSOLUTION OF MARRIAGE) is worth reading on Florida alimony modification because the court put the point in its own words: "Financial Statement. Every application for temporary alimony, child support, attorneys’ fees or suit money shall be accompanied by an affidavit specifying the party’s financial circumstances." Use that passage as the starting point, then read the facts that precede it.
IN RE: MARRIAGE OF CHARLES W. KIRBY vs
IN RE: MARRIAGE OF CHARLES W. KIRBY vs (2019)
…vorce. In 2015, the former husband petitioned to modify his alimony obligation. During the course of the modification proceedings, a discovery matter arose. As a result of this discovery issue, the trial court determined that the former husband would be awarded attorney’s fees in the matter. A hearing on the former husband’s fee motion was held on May 19, 2017, during which bot…
On alimony modification, IN RE: MARRIAGE OF CHARLES W. KIRBY vs speaks to the Florida dispute in this passage: "In 2015, the former husband petitioned to modify his alimony obligation. During the course of the modification proceedings, a discovery matter arose." The surrounding opinion shows how the court applied that language to the record.
Practical checklist before you file
- Identify which type of alimony your decree awards — the modification rules differ by type.
- Confirm the decree or agreement does not bar modification.
- Document the change with third-party records, not just testimony.
- For retirement motions: assemble pension statements, Social Security estimates, the divorce-era financial disclosures, and evidence of good faith.
- For cohabitation petitions: gather admissible evidence and expect a discovery fight and an evidentiary hearing.
- Keep paying until the new order is signed; calendar the effective-date rules under Fla. Stat. §§ 61.14(1)(a), (1)(b), 61.08.
- Search LawDiver for recent Florida appellate decisions before filing.
Key takeaways
- Florida calls these payments alimony, governed for modification purposes by Fla. Stat. §§ 61.14(1)(a), (1)(b), 61.08.
- The legal standard: A substantial, material, and permanent change in either party’s financial situation or the recipient’s need.
- Prospective relief, with limited retroactivity to the filing date when equities require it.
- Termination events: Death of either party or remarriage of the recipient automatically terminate alimony.
- Lump-sum alimony used to balance equities is generally non-modifiable; bridge-the-gap alimony is modifiable only in limited ways.
- File in supplemental petition to modify filed in the circuit court case — do not wait: Prospective relief, with limited retroactivity to the filing date when equities require it.
- Companion reading: Florida alimony guide and how to modify child support in Florida.
The legal standard in Florida
A substantial, material, and permanent change in either party’s financial situation or the recipient’s need. For durational alimony the court may modify or terminate on such a change; the 2023 reforms cap durational alimony by marriage length and eliminated permanent periodic alimony for new cases.
Courts start from the decree, not from scratch. The judge asks what the parties and the court knew when alimony was set, what has changed since, and whether the change is significant and durable enough to make the existing terms unreasonable. The moving party carries the burden, and documentation — tax returns, pension statements, medical records, lease agreements — decides most of these cases.
Grounds that most often succeed
- Retirement. Many states now treat reaching full retirement age as a presumptive or statutory ground. Early or voluntary retirement is scrutinized: courts ask whether it was in good faith, whether it was foreseeable at divorce, and whether the recipient had a chance to save.
- Involuntary income loss. Layoffs, business failure, disability, or industry collapse — with proof of diligent job-seeking. Voluntary underemployment is commonly met with income imputation instead of relief.
- The recipient's changed need. Improved earnings, remarriage-adjacent cohabitation, an inheritance, or reduced expenses.
- Health changes. New disability or extraordinary medical costs on either side.
- Cohabitation. Death of either party or remarriage of the recipient automatically terminate alimony. A supportive relationship (cohabitation) under § 61.14(1)(b) may reduce or end payments.
Grounds that rarely work: a new partner's income without statutory cohabitation, ordinary inflation, the payor's new family expenses standing alone, or a temporary dip in earnings.
Frequently asked questions
Can alimony be modified in Florida?
Yes, in most cases. A substantial, material, and permanent change in either party’s financial situation or the recipient’s need. For durational alimony the court may modify or terminate on such a change; the 2023 reforms cap durational alimony by marriage length and eliminated permanent periodic alimony for new cases.
Does retirement end alimony in Florida?
Retirement can support modification where it produces a genuine, good-faith reduction in ability to pay, but it is not automatic. Florida courts weigh the timing, health, and foreseeability of the retirement under Fla. Stat. §§ 61.14(1)(a), (1)(b), 61.08.
Does my ex's cohabitation stop alimony?
Death of either party or remarriage of the recipient automatically terminate alimony. A supportive relationship (cohabitation) under § 61.14(1)(b) may reduce or end payments. You must petition the court and prove the statutory elements — the obligation does not end by operation of the new relationship alone until a judge so orders (unless Florida's statute makes termination automatic on remarriage).
Can alimony be increased?
Yes, where the statute permits. Recipients who prove a material increase in need — often medical — can seek upward modification, subject to the payor's ability to pay.
Can Florida courts modify alimony retroactively?
Prospective relief, with limited retroactivity to the filing date when equities require it.
What if my alimony was set by agreement?
Lump-sum alimony used to balance equities is generally non-modifiable; bridge-the-gap alimony is modifiable only in limited ways. Agreements matter: read the incorporated terms before assuming a petition will be heard on ordinary changed-circumstances grounds.
Related guides
- How Florida calculates child support
- Florida alimony / alimony guide
- How to modify alimony in Florida
- How to modify child support in Florida
Disclaimer
This guide is general legal information about modifying alimony in Florida, not legal advice. Statutes and case law change. Confirm the current text of Fla. Stat. §§ 61.14(1)(a), (1)(b), 61.08 and consult a licensed Florida family-law attorney about your decree before filing or changing payments.