Matthew Lane & Associates, P.A.
Palm Beach Gardens, West Palm Beach And Wellington, Florida Offices 561-328-1095

Modification of Alimony in Wellington, Florida

In a modification of alimony case, a parties' retirement does not mandate the termination of alimony payments. Retirement just provides an opportunity to revisit alimony recipient's needs and alimony payor's ability to pay. In a case captioned Purin v. Purin the Florida Court of Appeal had a case before it involving a thirty-year marriage. A thirty-year marriage is considered to be a long term marriage. The trial court awarded durational alimony instead of permanent alimony. The Court of appeal reversed this award. The trial court refused the wife's request for permanent alimony and awarded her durational alimony based on the fact that the husband was going to retire at age sixty-five. The Court of Appeal stated that the starting point in every alimony determination is need and ability to pay. In this case the wife demonstrated her need and the husband's ability to pay. However the trial court refused to award permanent periodic alimony based upon the fact that the husband was going to retire in ten years. The Court of Appeal said that the trial court should not have speculated as to what the parties' needs and ability to pay were going to be in ten years. The Court stated that trial courts are not permitted to consider future events in setting current alimony due to the uncertainty surrounding the future. The appellate court pointed out that a payor's retirement does not require the termination of an award of alimony. A parties' retirement just allows a trial court to look at the parties' then current ability to pay and their needs. 

The Court of Appeal also pointed out that in a modification of alimony case, durational alimony may be extended in exceptional circumstances where there is a need for continued alimony. The Court of Appeal reversed the lower courts finding that the wife could not obtain an extension of her durational alimony award.

If you have questions to ask a divorce attorney in Wellington, Florida, contact Matthew Lane & Associates, P.A. at (561) 651-7273.

No Comments

Leave a comment
Comment Information

Request Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response

Palm Beach Gardens Office
The Financial Center at the Gardens
3801 PGA Boulevard
Suite 600
Palm Beach Gardens, Florida 33410

Phone: 561-328-1095
Fax: (561) 472-1568
Map & Directions

Wellington Office
Wellington Reserve
1035 South State Road 7
Suite 315
Wellington, Florida 33414

Phone: 561-328-1095
Fax: (561) 472-1568
Map & Directions

West Palm Beach Office
Phillips Point
777 South Flagler Drive
Suite 800
West Palm Beach, Florida 33401

Phone: 561-328-1095
Fax: (561) 472-1568
Map & Directions

Boca Raton Office
One Boca Place
2255 Glades Road
Suite 324A
Boca Raton, Florida 33431

Phone: 561-328-1095
Fax: (561) 472-1568
Map & Directions