Fort Lauderdale Divorce Lawyer Blog
Under Florida law, courts may enforce alimony provisions from out-of-state divorce agreements but are limited in their authority to modify these obligations. This was illustrated in a recent case in which a Florida court reviewed a trial court’s ruling involving alimony credits from Social Security payments and clarified that an alimony obligation established in another state cannot be terminated by a Florida court. If you are dealing with complex alimony issues, including enforcement of out-of-state obligations, it is in your best interest to contact a Miami divorce attorney as soon as possible.
History of the Case
It is alleged that the husband and wife divorced in 2004 in Alabama. The court entered a Final Judgment of Divorce that adopted their marital settlement agreement (MSA). The MSA allegedly obligated the husband to pay the wife $1,000 in monthly alimony. Over time, the wife reportedly received payments through the husband’s Social Security benefits, which the Alabama court allowed to offset his alimony obligation.
Reportedly, In 2013, the wife filed a petition in a Florida court to establish the Alabama decree as a Florida order for enforcement purposes. The Florida court reportedly agreed to apply Alabama law, allowing Social Security benefits to count as a credit toward alimony obligations. In 2022, the wife filed motions for contempt and an accounting, arguing that the husband failed to meet his alimony payments. The trial court denied these motions, concluding that the wife’s Social Security benefits exceeded the alimony obligation and terminated both the alimony and life insurance obligations “as a matter of law.” The wife appealed, challenging the court’s interpretation.
Jurisdiction Over Out-Of-State Alimony Orders
On appeal, the Florida appellate court examined whether the trial court had jurisdiction to terminate an alimony obligation established in Alabama. The court highlighted that, under Section 88.2111(2) of the Florida Statutes, Florida courts lack the authority to modify spousal support orders from other states when those states retain exclusive jurisdiction over the alimony provisions. The court emphasized that while Florida courts can enforce such orders, they cannot terminate them without violating Florida’s jurisdictional limits.
The court clarified that under Alabama law, Social Security payments may be applied as credits against an alimony obligation but do not extinguish the obligation itself. Thus, although the husband’s Social Security benefits could satisfy or even exceed his monthly alimony requirements, the underlying obligation remained intact.
The appellate ruled that the trial court erred in its conclusion that the alimony and life insurance obligations were ended “as a matter of law” and remanded the case for the order to be revised.
In reaching its decision, the court noted that any excess credit the husband may have accrued from Social Security payments could potentially entitle him to reimbursement but did not legally nullify the alimony requirement. Accordingly, the court affirmed the denial of the wife’s contempt motions but directed the trial court to amend its language regarding the termination of alimony.
Talk to a Dedicated Miami Family Law Attorney
Issues involving out-of-state alimony obligations can be complex, especially when it comes to enforcement and jurisdictional limits. If you have questions about enforcing or modifying alimony, the dedicated Miami divorce attorneys at the Law Offices of Sandy T. Fox, P.A. can provide guidance and help you understand your legal options. Contact us at 800-596-0579 or use our online form to schedule a consultation.