Modification of Alimony was recently discussed by the Florida Court of Appeal in a case captioned Inman v. Inman. In this case the former husband sought appellate review of a trial court order denying his supplemental petition for modification of alimony. The former husband sought to terminate his alimony obligation based upon the remarriage of his former wife. He also sought modification based on the parties change in financial circumstances. The Florida Court of Appeal reversed the trial court based on its inappropriate application of the standard to modify alimony awards.
The parties divorce decree provided that the former husband was to make payments to the former wife for the remainder of her life. The former husband sought termination of his alimony obligation based upon Florida Statute Section 61.08(8), which provides that an award of permanent alimony terminates upon the death of either party or the remarriage of the party receiving alimony. The Florida Court of Appeal ruled that if the parties enter into a marital settlement agreement that provides that alimony shall continue despite the remarriage of the recipient spouse, then this agreement is valid and binding and supersedes the provisions contained in Florida Statute Section 61.08(8).
The former husband also sought modification of alimony based upon the former wife’s changed financial circumstances due to her remarriage. Florida law provides for the modification of alimony, under certain circumstances, based on the changed financial circumstances of the parties. In order to obtain an alimony modification there must be a substantial, material, permanent, and involuntary change of circumstances that was not contemplated at the time that the final judgment was issued. The Florida Court of Appeal remanded to the trial court to determine whether the former husband could prevail on this basis.
To speak with a modification of alimony attorney in West Palm Beach, Florida, contact Matthew Lane & Associates, P.A. at (561) 328-1111.