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Divorce Property Settlement Agreement in Florida

1 Answers. Asked on Apr 30th, 2013 on Divorce - Florida
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I was divorced in June 2005 after 20 years of marriage though we separated 3 months prior to 20 years. I was order to pay $ 2,000/month for equitable distribution until one of us dies. Since my divorce in 2005 I have remarried by ex has not. I have gone through some job changes in the 8 years and I am behind almost $ 69K to my ex based on the $ 2,000/month. She has never gone to court over my lapses. She is on disability and Medicare, has bought a house with government help, received an inheritance from her mother and soon will be getting another from her father. Of course both of our situations have changed over the 8 years. At the time of the divorce I would have agreed to anything to get out from a marriage to a drug addict. I understand Florida is working to end lifetime alimony I am wondering if that will apply to my situation. I am sure the court would want me to catch up on past payments, but I am wondering if I did so with the Florida alimony changes could I end my payments?
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Licenced in FL
Answered on Apr 30th, 2013 at 3:12 PM

You stated " I was order to pay $ 2,000/month for equitable distribution" and this part of your question is confusing.  "Equitable distribution" has to do with division of assets and debts, or in simpler terms property settlement. If what the court in fact ordered was payment of $2000 a month for division of property that would not be modifiable because equitable distribution is not  modifiable.  I am going to assume however that you misquoted your court order and you were ordered to pay $2000 in alimony.  You did not say if it was "non modifiable" but since it says until one of you dies, I will assume that it is modifiable. If your circumstances have changed, in that your ability to pay is less now than it was at the time of your divorce, or if your former spouses circumstances have changed in that she no longer needs alimony, then you can file a "supplemental petition for modification of final judgment" and as the court to terminate or modify your alimony. There is no possible way to predict the outcome, so you will have to decide if you want to take the chance that you loose and not only is your alimony not modified but you could end up paying  your former spouses attorney fees to defend the action.

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Ending a marriage is more than just an emotional process--it's also a legal process. The court must approve your "dissolution of marriage" petition, and will also rule on issues related to the division of property, alimony (also known as spousal support or maintenance), child custody and child support. A divorce or family law attorney can help guide you through the divorce process, while also negotiating with your soon-to-be ex-spouse and his or her divorce lawyer. It's important to note that ethics laws prohibit the same law firm or attorney from representing both spouses in a divorce. Even if your divorce is an amicable one, it's critical to have your own legal representation to ensure that you're treated fairly at all stages of the divorce proceeding.
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