Modification of Alimony Part 2 of 7 | Divorce Attorney Fort Myers/Naples
MODIFICATION OF REHABILITATIVE ALIMONY
- Generally, a party seeking modification or termination of rehabilitative alimony must
show a material change in circumstances or achievement of the rehabilitative purpose.
McCartney v. McCartney, 659 So.2d 371 (Fla. 2d DCA 1995). Additionally, if the purpose of
modification is failure of the rehabilitation plan; the receiving spouse must show that due to no
fault of the receiving spouse, the rehabilitative plan did not work as anticipated by the court. See
Saez-Ortiz v. Saez-Ortiz, 560 So.2d 1375 (Fla. 5th DCA 1990).
- It is not necessary that the receiving spouse show a substantial effort at rehabilitation, but rather a diligent and reasonable effort. Mann v. Mann, 523 So.2d 804 (Fla. 3d DCA 1988).
- The purpose of rehabilitative alimony is to establish a capacity for self-support in the receiving spouse. See Edgar v. Edgar, 677 So.2d 1359 (Fla. 1st DCA 1996). Self-support in this sense means more than finding a job; a divorced spouse is rehabilitated when they are capable of earning a living that allows them to enjoy some semblance of the lifestyle enjoyed during the marriage.
For more information please contact us to schedule your free consultation.
Serving the One
At the Guardian Law Firm, we believe in the sanctity of marriage. It is our goal to provide you with as many resources to help salvage your marriage. If all else fails, we are here to help you facilitate the divorce process to establish long-term stability that minimizes the need for subsequent court action as well as the emotional drain on the parties and families.
We strive to provide the best client service possible in a warm and welcoming environment. To that end, we place a high priority on detail, value, service, and communication, beginning with the initial consultation, and continuing even after the matter is resolved.
We are committed to providing the kind of service and environment that we all want as consumers.
With representation and the right attorneys in their corner, our clients will return to being the productive citizens and family members they have been and wanted to be again.
We truly are here to serve the one.
