Modification of Alimony Due to Retirement in the Lake Mary, Florida Area
- October 24, 2024
- ontarget
- Divorce
- 0 Comments
There was an interesting case in Florida Law Weekly from the Fifth District Court of Appeals on Alimony. It is the case of Dwight v Dwight, 49 Florida Law Weekly D2129c (5th DCA Oct. 18, 2024).
In this case, the Court held that it was error for the trial court to deny former husband’s petition to reduce or eliminate alimony asserting a significant reduction in income following his retirement based on trial court’s determination that retirement had been contemplated in the parties’ marital settlement agreement and therefore could not serve as a basis for modification. Mere foreseeability of the future change in circumstances does not mean that it was contemplated, considered, accounted for, or factored in when original alimony was set.
The Court held that the Determinative factor is whether the parties actually factored the future change of circumstances into determining the originally agreed amount of alimony. The Court stated that while parties’ Marital Settlement Agreement mentions the possibility that the former husband could retire in the future, there is no evidence in the record to suggest that this retirement and resulting diminution or loss of income was accounted for, factored in, or baked into the original alimony amount.
The Florida Statute on Alimony is Florida Statute 61.08. The Florida Statute on Modification of Alimony is 61.14. That is Florida Statute 61.14 (2024)-Enforcement and modification of support, maintenance, or alimony agreements or orders. For further reading, look into Florida Statute 61.14 (2024) and read the complete Florida Statute on Modification of Alimony.
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com
This article is for informational purposes only and does not form an attorney client privilege.