According to Florida case law, and statutory law, as of the date of this article, the court can extend the duration of alimony payments even though the statute does not explicitly say this is allowed:
“The trial court ruled that section 61.14, Florida Statutes (2003), allows for a party to petition the court only for an increase or decrease in the amount of alimony upon a showing of changed circumstances or financial ability. The court stated that it did not have jurisdiction to *456 modify “the duration of the alimony, simply the amount.” Although section 61.14 does not explicitly provide for an extension in the duration of an alimony award, courts have nevertheless done so. When alimony is set by an agreement between parties, courts can, upon a showing of changed circumstances, modify the duration of agreed-upon alimony payments. See, e.g., Powell v. Powell, 527 So.2d 260, 261 (Fla. 3d DCA 1988); Brooks v. Brooks, 423 So.2d 995, 996 (Fla. 3d DCA 1982).2 The trial court pointed out that, until July 1, 2010, there was no statutory provision for durational alimony, which is essentially the form of support that these parties had agreed upon. However, now that durational alimony is statutorily recognized, section 61.08(7), Florida Statutes (2011), allows for an extension on the length of an award upon a showing of exceptional circumstances as long as the award does not exceed the length of the marriage. § 61.08(7), Fla. Stat. (2011). Thus, courts can extend alimony payments depending on the type of alimony and a proper showing of changed circumstances.”
- Successfully Modifying Alimony in Florida
- Examples of Alimony Modification: Remarriage or New Relationship
- Examples of Alimony Modification: Inheritance and Gifts
Do you have questions or comments? Then please feel free to send us an email or call him now at (954) 880-1302.
If you found this information helpful, please share this article and bookmark it for your future reference.