Legal Question in Family Law in Florida

Alimony revision

At the time of his divorce my partner (age 45) agreed to pay $3K/mo. in permanent alimony based on self-employment (consulting) income of $100K/yr. vs. her $20K/yr. employee income. Wife (age 54) got 60% of the assets that remained after the 4-yr divorce process, totalling $300K+. Due to loss of several contracts, economic downturn, industry downturn, our business has produced $0 income since October 2001. He is using savings to pay bills including alimony. He is continuing to seek consulting work, applying for jobs, and considering entering another line of business. Question: will the court expect him to liquidate his remaining assets (home equity c. $100K, 7 yr-old car $10K, savings $30K) to pay the alimony as agreed before a reduction will be considered? Will the court require that he apply for jobs that require a move or 100% travel before a reduction will be considered?


Asked on 5/16/02, 2:32 pm

1 Answer from Attorneys
Sanford Martin Martin Law Office

Re: Alimony revision

Based on information, your partner should consider petitioning the court to modify the alimony based on substantial change in circumstances. Depending on terms of the order and his available resources and earnings outlook, he may well be able to reduce alimony based on new circumstances. Generally, he is not required to deplete all property to satisfy the judgment unless so specified in the order.

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Answered on 5/21/02, 11:14 am


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