Make Modifiable Maintenance Agreement

Aug 6th, 2022
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How to Make Modifiable Maintenance Agreement

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In this video, Aaron Thomas explains the differences between modifiable and non-modifiable alimony. He mentions that he has other videos discussing related topics, such as temporary alimony, rehabilitative alimony, and the misconceptions surrounding permanent alimony. He clarifies that modifying alimony applies to permanent alimony, which is paid after divorce, whether for a limited time or for life. Modifiable alimony refers to payments that can be changed post-order, while non-modifiable alimony remains fixed. For instance, if a judge orders a husband to pay a thousand dollars, that amount can be adjusted if it's modifiable.

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What is Needed to Change Your Divorce Settlement in Florida? To modify your marital settlement agreement, you and your ex-spouse either need to agree to a change, or youll need to petition the court to make a change.
Yes. Maintenance is modifiable with limited exceptions. Unless the settlement agreement clearly states that the maintenance agreement cannot be modified, it remains modifiable on a substantial change in circumstances.
And when maintenance is non-modifiable, it means that the court has no authority to order a modification to maintenance, no matter the change in circumstances. For more information about modifying or terminating spousal support, see our maintenance modification article in the Colorado Family Law Guide.
Under Florida divorce law, alimony payments may be modified if there has been a substantial change in circumstances of either party. The modification can either increase, decrease, or terminate the alimony paid to an ex-spouse.
Can you waive spousal support in Illinois? The person who is ordered to receive spousal support can choose to waive it. If you choose to waive it at the time of your divorce, you cannot change your mind and ask for it later. It can only be ordered as a part of the marital settlement agreement.
Lump sum alimony is non-modifiable and does not terminate upon a spouses death or remarriage.
What does the term non-modifiable alimony mean? Usually, this means that alimony payments cannot be changed in length, amount or otherwise. A Florida divorce court cannot order non-modifiable alimony absent an agreement between the spouses or findings of exceptional circumstances.
If things change enough to warrant asking the court to modify alimony (such as, your ex gets a big raise, or you lose your job) the court will at least have the power to grant your request. Alimony also cannot be modified if you have agreed in your divorce settlement to make spousal support non-modifiable.

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