A Modification of Alimony case involving a former husband’s retirement was recently decided by the Florida Court of Appeal in a case captioned Befanis v. Befanis. In this case, a physician filed a Supplemental Petition for Modification of Alimony. The parties were divorced in 2010. At the time of the dissolution…
A Modification of Alimony case was recently decided by the Florida Court of Appeal in a case captioned Judy v. Judy. In this case the Former Husband sought modification of his alimony obligation. The amount of Former Wife’s alimony was previously agreed to in a Marital Settlement Agreement. The Former Husband…
Modification of Alimony should be granted retroactively to the date the petition was filed if the reasons justifying modification existed at that time. In a case captioned Nuttle v. Nuttle the former husband appealed a final judgment modifying his alimony obligation. The Florida Court of Appeal reversed the trial court’s…
A modification of alimony based upon a party’s retirement may be granted when the trial court finds that the party’s retirement is reasonable. In determining whether a party’s retirement is reasonable, a Court will look at the parties’ age, health, and motivation for retiring. In determining whether a reduction in alimony…
A modification of alimony is permitted by the Florida Statutes. In a recently decided case captioned Kallett v. Kastriner, the Florida Court of Appeal stated that the right to apply for a modification of alimony may only be waived in an agreement if the language in the contract contains a waiver…
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…
The parties married in 1970 and were divorced in 2004. When the divorce was granted the husband had a good job in Louisiana. The court awarded alimony payments which were approximately thirty-five percent of this gross income. When he was over sixty years of age, the husband became unemployed. He…
A Petition for alimony or termination of alimony may be filed by an alimony obligor based upon his or her actual retirement, under the new alimony reform bill that was recently introduced in the Florida House of Representatives. In order for there to be a termination or modification of alimony,…
The modification of alimony as a result of cohabitation and the entry into a supportive relationship was recently addressed as part of the Florida Alimony Reform Legislation that was introduced in the 2015 session of the Florida House of Representatives. Under the proposed legislation, the court may reduce alimony or…