A divorce decree may signal the legal end of a marriage, but it doesn’t always represent the end of litigation. Life continues to evolve long after the final judgment is signed, and sometimes, that means parts of the divorce order no longer work for one or both former spouses. Whether it’s a change in income, relocation, remarriage, or issues involving time-sharing, Florida law allows for certain parts of a divorce decree to be modified—but not all, and not without meeting strict legal standards.
Understanding when and how to modify a divorce decree in Florida is essential if your circumstances have changed significantly. A modification must be justified by evidence and follow proper procedure. If you attempt to change custody, support, or other terms informally—or without legal guidance—you risk financial penalties, loss of rights, or contempt of court.
A knowledgeable Tampa divorce lawyer can assess your situation, explain your modification options, and represent your interests in court to seek or contest a change to your existing decree.
What Is a Divorce Decree?
In Florida, a divorce decree is officially called a Final Judgment of Dissolution of Marriage. This legally binding court order outlines the terms of the divorce, including:
- Equitable distribution of marital property and debts
- Time-sharing and parental responsibility
- Child support
- Spousal support (alimony)
- Any other orders related to the dissolution
While the final judgment resolves the divorce, the court retains jurisdiction to enforce or, under certain conditions, modifyportions of it. Not all parts of a divorce decree can be changed. For example, the property distribution section is typically non-modifiable unless fraud, mistake, or concealment is proven.
A Tampa divorce lawyer will review your existing decree and determine which parts are eligible for modification.
Which Parts of a Divorce Decree Can Be Modified?
Florida law allows the following components of a divorce decree to be modified:
1. Parenting Plans and Time-Sharing
Parenting plans are often modified as children grow or as family dynamics change. Either parent can petition the court to alter time-sharing schedules or decision-making authority.
2. Child Support
Child support may be increased, decreased, or terminated based on changes in income, parenting time, or the child’s needs.
3. Alimony
Spousal support can be modified—unless the parties agreed it would be non-modifiable or waived—if there is a substantial change in financial circumstances.
4. Enforcement Provisions
You may seek to clarify or enforce orders through contempt proceedings or supplemental judgments.
5. Relocation with a Minor Child
Florida has specific procedures for modifying a decree to allow a parent to relocate more than 50 miles from their residence.
A Tampa divorce lawyer can advise you on the scope and limitations of modification based on your judgment and agreement terms.
Legal Standard for Modification
To modify a divorce decree in Florida, the party requesting the change must prove that there has been a substantial, material, and unanticipated change in circumstances since the entry of the final judgment. This standard applies to most types of modifications.
Each element must be established:
- Substantial: The change is significant enough to make the current order unfair or impractical.
- Material: The change directly affects the subject of the original order (e.g., time-sharing, income, health).
- Unanticipated: The change was not foreseeable at the time the original judgment was entered.
Once this threshold is met, the court will consider whether the requested modification serves the best interests of the child (in parenting and support matters) or results in a fair adjustment (in alimony cases).
A Tampa divorce lawyer will gather evidence, interview witnesses, and build a compelling case to meet this legal threshold.
Modifying Parenting Plans and Time-Sharing
Florida courts encourage stability and consistency for children post-divorce. However, they also recognize that parenting plans may need to change as circumstances evolve. Common reasons to seek modification include:
- A parent relocates for employment, family, or remarriage
- A child’s needs change due to age, school, or medical issues
- One parent is consistently non-compliant with the time-sharing schedule
- There is evidence of abuse, neglect, or alienation
- A parent develops substance abuse or mental health issues
- A child expresses a strong, consistent preference (depending on age and maturity)
The court will not modify a parenting plan simply because one parent wants more time or believes the child would benefit from a different arrangement. The change must be in the best interests of the child and supported by specific facts.
A Tampa divorce lawyer will help present or defend against requests to modify time-sharing, and can draft a revised parenting plan that complies with Florida law.
Modifying Child Support
Child support is always modifiable under Florida law. A parent may request a modification if:
- Their income has increased or decreased by 15% or $50/month, whichever is greater
- The child’s needs have changed (e.g., new medical expenses, disability)
- The time-sharing arrangement has changed significantly
- The paying parent becomes unemployed or disabled
- One parent has another child and seeks a recalculation
Support is typically recalculated using the Florida Child Support Guidelines and requires updated financial affidavits and supporting documentation.
Support may not be retroactively changed unless the request was pending before arrears accrued. You must act quickly if you experience a change in income or circumstances.
A Tampa divorce lawyer can initiate or defend against support modification, ensure compliance with procedural rules, and help avoid penalties or overpayments.
Modifying Alimony
Whether alimony can be modified depends on the type of support awarded and the language in the original judgment.
Bridge-the-Gap Alimony
- Cannot be modified in amount or duration
- Ends upon remarriage or death
- Designed to cover short-term transitional needs
Rehabilitative Alimony
- Can be modified if the recipient fails to follow the plan or completes it early
- May be reduced or terminated upon remarriage, cohabitation, or change in income
Durational Alimony
- May be modified in amount but not duration (except in exceptional circumstances)
- Ends upon remarriage or death
- May be terminated upon proof of a supportive relationship or significant financial change
Courts require proof of involuntary changes—such as job loss, retirement, health problems, or unexpected expenses.
The burden is on the requesting party to show that the modification is fair, necessary, and consistent with current needs and abilities.
A Tampa divorce lawyer will review the alimony order, evaluate grounds for modification, and file the appropriate petition with the court.
Retirement and Modification
Florida law now allows retirement to be considered grounds for modifying alimony. When a paying spouse reaches normal retirement age, they may petition the court to reduce or terminate support if:
- Retirement is in good faith and not to avoid alimony
- The recipient has had time to prepare financially
- The change affects the payor’s ability to continue payments
The court will evaluate both parties’ financial positions post-retirement.
A Tampa divorce lawyer will help document the necessity of modification and defend against unfair termination efforts.
Modifying a Divorce Decree by Agreement
If both parties agree to change the terms of the divorce decree, they may file a consent modification with the court. The agreement must:
- Be in writing
- Include the proposed changes
- Be signed and notarized by both parties
- Be submitted to the court for approval
Even agreed modifications must be reviewed and approved by a judge to become legally enforceable.
A Tampa divorce lawyer will ensure the revised agreement complies with legal standards and protects your rights.
Relocation and Modification
Florida law requires a parent who wants to relocate more than 50 miles from their current residence with a child for 60 consecutive days or more to file a Petition to Relocate.
This is not a typical modification request—it is governed by specific statutory procedures and timelines.
The petition must include:
- The reason for relocation
- A proposed revised time-sharing schedule
- Notice to the other parent with a 20-day response deadline
If the other parent objects, the court will hold a hearing to determine whether the move is in the child’s best interests.
A Tampa divorce lawyer will ensure compliance with Florida’s relocation statute and present a strong case for or against the move.
When Modification Is Not an Option
Certain parts of a divorce decree cannot be changed unless fraud, mistake, or misrepresentation can be proven. These include:
- Equitable distribution of property or debts
- Waivers of alimony or support
- Terms explicitly stated as non-modifiable in a marital settlement agreement
You cannot simply reopen a final judgment to seek a different distribution of marital assets. These matters are considered final once the judgment is entered.
A Tampa divorce lawyer can advise whether your situation qualifies for modification or whether enforcement or appeal is more appropriate.
The Process of Seeking a Modification
To initiate a modification, the following steps are generally required:
- File a Supplemental Petition outlining the requested changes
- Serve the other party if no agreement exists
- Exchange updated financial information and disclosures
- Attempt mediation to resolve the dispute
- Schedule a hearing or trial if necessary
- Present evidence of the changed circumstances
- Await court ruling and implement the new order
Modifications must follow all procedural rules to avoid dismissal. The court will not grant changes without proper filing, notice, and evidence.
A Tampa divorce lawyer will manage each step of the process, ensure compliance with deadlines, and present a persuasive case in court.
FAQ
Q: Can a divorce decree be changed in Florida?
A: Yes, but only certain parts—such as alimony, child support, and time-sharing—can be modified, and only with proof of a substantial change in circumstances.
Q: What qualifies as a “substantial change” for modification?
A: Examples include job loss, disability, relocation, a change in the child’s needs, or remarriage. The change must be material, unanticipated, and ongoing.
Q: Can property division be changed after divorce?
A: Generally, no. Property distribution is final unless there is proof of fraud, mistake, or failure to disclose assets.
Q: Can both parents agree to modify the parenting plan?
A: Yes. If both agree, they can submit a revised plan for court approval. The judge must still determine that the change serves the child’s best interests.
Q: Can I modify my child support if I lose my job?
A: Yes, but you must file a petition quickly. Support does not automatically adjust, and you may still accrue arrears until the court approves the change.
Q: Can alimony be modified if I retire?
A: Yes, retirement at normal age is now a valid basis to seek reduction or termination of alimony. The court will consider both parties’ finances.
Q: What happens if my ex won’t follow the divorce decree?
A: You can file a motion to enforce or for contempt. The court can impose penalties, including wage garnishment or suspension of licenses.
Q: Can I modify my divorce decree without going to court?
A: Only if both parties agree and the judge approves the modification. Otherwise, a court petition is required.
Q: How long does it take to modify a divorce decree?
A: It varies. Uncontested cases may resolve in a few months. Contested cases with hearings or trials may take six months to a year.
Q: Do I need a lawyer to modify my divorce order?
A: It’s strongly recommended. A Tampa divorce lawyer will ensure that your petition meets legal standards and procedural requirements, maximizing your chances of success.
A final judgment may close the door on a marriage, but it doesn’t always close the book on post-divorce legal needs. Whether it’s adjusting support, relocating with a child, or updating a parenting plan, life doesn’t stand still—and neither should your court orders. Florida law provides a pathway for modifications, but only for those who meet the burden of proof and follow the proper procedures. A trusted Tampa divorce lawyer can guide you through this process and help secure an outcome that reflects your current reality while protecting your legal and financial future.
The McKinney Law Group: Divorce Support for Tampa Spouses Facing Financial Uncertainty
Worried about how divorce will affect your financial stability? At The McKinney Law Group, we help Tampa clientsmake smart legal and financial decisions that protect their future and minimize disruption.
We assist with:
✔ Identifying and valuing all marital assets and debts
✔ Uncovering hidden income or financial manipulation
✔ Creating budgets and support plans for life after divorce
✔ Negotiating fair spousal and child support arrangements
✔ Protecting your credit and financial independence
Call 813-428-3400 or email [email protected] to protect your financial future today.