Fort Lauderdale Divorce Lawyer Blog
Under Florida law, courts determining alimony modifications must assess whether substantial changes in circumstances justify altering prior agreements. Courts are required to base their decisions on competent evidence and equity considerations. A recent Florida decision highlights the importance of detailed analysis and evidence when evaluating whether retirement can justify a reduction in alimony obligations. If you are involved in an alimony dispute, consulting a Miami family law attorney can help ensure your interests are protected.
Factual and Procedural Background
It is reported that the husband and the wife were divorced after a 21-year marriage, with the dissolution finalized through a marital settlement agreement (MSA) in 2020. The MSA divided their assets equally and required the husband to pay $7,500 per month as permanent alimony to the wife. At the time of the agreement, both parties were in their late sixties and had substantial retirement assets.
Allegedly, the husband retired in December 2021, selling his business interest for $900,000 and ceasing all employment. His income decreased significantly, with his sole income derived from social security and investments, totaling just over $7,800 monthly. His monthly expenses, however, were $18,682, including the alimony payments. The wife, who had deferred her social security benefits to maximize them, had no income other than the alimony payments and assets totaling approximately $1.8 million. The husband petitioned for a reduction or elimination of alimony based on his retirement and reduced income. The trial court denied the petition, finding that the parties had “contemplated” the husband’s retirement when agreeing to the MSA, and thus, his retirement could not be a basis for modification. The husband then appealed.
Grounds for Modifying Alimony Obligations
On appeal, the court reviewed the denial of the husband’s petition, applying a mixed standard of review. The court noted that Florida law allows for modification of alimony if there is a substantial, material, involuntary, and permanent change in circumstances that was not contemplated at the time of the original agreement. A spouse’s reasonable retirement may justify a modification of alimony if such a retirement was not accounted for in the initial agreement.
The court concluded that the trial court erred in finding that the husband’s retirement was “contemplated and accounted for” in the MSA. While the MSA mentioned the possibility of retirement and allowed the husband to file a petition for modification on that basis, there was no evidence that the reduction in income due to retirement had been factored into the original alimony amount. The court emphasized that mere foreseeability of retirement does not equate to it being accounted for in the agreement.
The court reversed the trial court’s decision and remanded the case for further proceedings. The trial court was instructed to make specific findings regarding the wife’s need for support and the husband’s ability to pay, ensuring that any alimony award does not exhaust the husband’s net monthly income. The court also clarified that considerations such as post-dissolution relationships and adultery would not be relevant unless they affected marital assets.
Talk to a Trusted Miami Family Law Attorney
Alimony disputes require a careful review of both parties’ financial circumstances and any substantial changes affecting the terms of the agreement. If you are involved in an alimony modification case, it is wise to consult an attorney promptly. The trusted Miami divorce attorneys at the Law Offices of Sandy T. Fox, P.A. can help you build a strong case and work toward a favorable resolution. You can reach us at 800-596-0579 or use our online form to schedule a consultation.