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.

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