Finality of Divorce Judgment

• The spouses' finalized divorce sets the financial expectations for each party after the legal end of their marriage. (See References 2 for section) The spouses may have negotiated a settlement agreement regarding the terms of their divorce, or they may have received a court-ordered judgment from a Florida circuit court. While property division generally remains the same unless one party files an appeal after the divorce, a court may still modify other legal terms, including alimony. The procedures to get post-divorce alimony in Florida depend on whether the divorce originally included alimony or not. Either ex-spouse may benefit from post-divorce information through the Florida State Courts' family court self-help centers located in the state or guidance from a Florida attorney (see Resources).
  
  

Florida's Alimony Laws

• Florida law allows for several types of alimony: rehabilitative, permanent, lump-sum or a combination of more than one type. Rehabilitative alimony provides for one party to recover financially and find income-generating employment. Permanent alimony, however, requires spousal support until the recipient's death or remarriage. The Florida court may also require a lump-sum payment of money or other property to provide financial support for a spouse's post-divorce life. In general, the spouses must negotiate alimony during their divorce proceedings.
  
  

Modification of Existing Alimony Order

• If a finalized divorce includes alimony paid by one ex-spouse to the other, Florida law allows either spouse to ask for a modification in the future. To get court approval of an increase or decrease in alimony, the spouse requesting the modification must show a "substantial change" in either party's circumstances. The party who wants the modification must file a "Supplemental Petition for Modification of Alimony" with a Florida circuit court. The other ex-spouse must receive notice of the petition and a copy of the paperwork. If both parties agree to the modification, they may file a settlement agreement regarding a new arrangement for alimony. If the other party does not agree to the modification, the ex-spouses may need to attend mediation services in circuit court or appear at a court hearing.
  
  

Post-Judgment Modification in Florida

• If a couple's finalized divorce did not include alimony, an ex-spouse may still be able to request a post-judgment modification of the terms of his divorce. Whether a court will establish alimony at a later date may depend on the the terms of the couple's divorce judgment from a Florida court or from their settlement agreement if they negotiated their own divorce terms. The Florida circuit courts often require a "Post Judgment Modification & Enforcement Packet" of court forms when one party wants to change the terms of the divorce. The ex-spouses may need to attend mediation at the circuit court to discuss post-judgment issues. Alternatively, an ex-spouse may need to appeal the divorce judgment if the court specifically declined to award alimony in prior court proceedings.