Can My Ex-Wife Modify Our Alimony Agreement?

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In Florida, can my ex take me back to court if my alimony agreement states that it is non-modifiable permanent periodic alimony? It was stipulated that we both waived the rights to seek a modification of alimony in the Stipulated Order/Final Judgement/ Marital Settlement Agreement.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Based on the information you provided, it will be in your best interest to inform the court about your stipulated agreement regarding the waiver of alimony in your marital settlement agreement. If you both stipulated that she nor you would be able to go and request a future modification, then the court may deem her request as groundless. You should consult with a divorce attorney to review your settlement agreement in full to make sure there is no language that may suggest that she does in fact have the legal right to request for a modification to be made despite your agreement. Further, there may be some state law that can trump the terms of the agreement and permit her to make the request.



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Author: House Attorney