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Can I ask for a non modifiable alimony be modified and what would I need to prove a significant change in my ex husband's income

Fort Lauderdale, FL |

My ex husband lied throughout our divorce and had the assistance of his attorney, his accountant and several friends to show his income/debt . He was ordered to pay me alimony for 4 years and it will be immeadiately end in the event that I should cohabitate.

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Filed under: Divorce Alimony
Attorney answers 3


Obviously, non modifiable alimony can't be modified. However, you might be able to have your agreement set aside and you could start over on a new agreement if you can prove that he lied to mislead you into agreeing to the amount and length of alimony. Non-modifiable alimony can't be modified based on a substantial change in income like regular alimony sometimes can.

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I would need to read the Final Judgment and any settlement agreements you entered to determine what your options may be. Non-modifiable usually means what it says, but as the other attorney pointed out, there may be other grounds to attack it or set it aside. Contact an attorney to discuss the matter in detail.

J. Garry Rooney
Attorney at Law
Rooney & Rooney, P.A.
2145 14th Avenue, Suite 20
Vero Beach, FL 32960
(772) 778 5400
(772) 778 5290 (fax)


This is a very document specific question. Specifically, you need an attorney to not only read the Final Judgment, to determine the Court's basis for the entry of the alimony award, but to review the procedural history of the case to determine the options available to you.

Another consideration is the Court's classification of this type of alimony. Florida law has many classifications of alimony, based on the "purpose" of the award, the length of the marriage, and other equitable factors considered by the Court. The ability to modify an alimony award depends on the type of alimony, as well as how the alimony was awarded in the final judgment.

Call an attorney experienced in alimony issues to review your documents with you, and provide you with all of your options.

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