In order to determine whether a voluntary retirement is reasonable, Florida trial courts are required to consider the age of the payor, the payor’s health, and the payor’s motivation for retirement. Additionally, Florida trial courts are required to consider the type of work that is performed by the payor and the age at which other people who are engaged in the same type of work normally retire. Sixty-five is the presumptive age of retirement in Florida
In a recently decided alimony case captioned Tanner v. Tanner, the Husband appealed the trial court’s order denying his Supplemental Petition for Modification of his divorce decree. The parties were divorced in January 2016. The final judgment of dissolution required the Husband to pay permanent periodic alimony to the Wife. In September 2018, the Husband filed a Supplemental Petition to Modify the divorce decree in which he sought to eliminate or reduce the amount of his alimony payments.
In the Husband’s Supplemental Petition for Modification of Alimony, the Husband stated that his employer terminated his employment, and that his medical condition precluded him from finding similar employment. The trial court denied the Husband’s Supplemental Petition for Modification of Alimony based upon the fact that it found the Husband’s retirement at age 64 to be unreasonable. In his appeal, the Husband argued that his retirement was reasonable based on his age and failing health.