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I've been married for 25 years, currently negotiating a

Customer Question
I've been married for...

I've been married for 25 years, currently negotiating a divorce settlement. I have a choice to pay non-modifiable alimony for 15 years or permanent alimony that is modifiable. Not sure which to choose. I'm 53 years old, with stable employment but you never know....

Lawyer's Assistant: What can you tell me about your situation?

Can you be more specific?

Lawyer's Assistant: Family law varies by state. What state are you in?

Florida

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No

Submitted: 4 months ago.Category: Family Law
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Answered in 7 minutes by:
3/12/2018
Family Lawyer: LegalGems, Lawyer replied 4 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,708
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Customer reply replied 4 months ago
Thanks. If you need any other information that could be helpful, please let me know.
Family Lawyer: LegalGems, Lawyer replied 4 months ago

Thank you for your patience;

Per statute:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html

Alimony is modifiable whether established via a court order or a stipulation, unless the parties specifically waive that statutory right (it is normally modifiable when there is a change in circumstances)

The Elbaum case deals with a waiver of that statutory right; basically the parties limited the right to modify spousal support; then the wife later cohabitated so the husband brought a motion to modify based on that yet the court denied, stating that since the parties are free to waive the statutory modification right, they cannot later seek modification.

http://www.4dca.org/opinions/June%202014/06-18-14/4D13-1423.op.pdf

As such, if one expects there to be a changed circumstance that may result in a downward decrease/termination (ie cohabitation, marriage, increased income of the recipient party etc) then generally one would choose the modifiable option.

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Family Lawyer: LegalGems, Lawyer replied 4 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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