In a modification of alimony proceeding, where the marital settlement agreement indicates that alimony is not modifiable, except under certain circumstances, absent the occurrence of those described circumstance, alimony will be nonmodifiable. In Elbaum v. Elbaum, the Florida Court of Appeal recently stated: "Robert Elbaum appeals from a final order dismissing with prejudice his petition to terminate or modify his alimony obligations. We affirm because the marital settlement agreement unambiguously limited the ability to modify alimony to specific situations not raised in the petition...[T]his case is nearly identical to that confronted in Smith v. Smith, 110 So. 3d 108 (Fla. 4th DCA 2013). In Smith, the parties' marital settlement agreement provided:
In a modification of alimony proceeding, the moving party must show that there has been a substantial change in the party's circumstances, the change was not contemplated at the time of the final judgment of dissolution, and the change is sufficient, material, involuntary, and permanent in nature. In Garvey v. Garvey, the Florida Court of Appeal recently stated: "This court has explained: 'In petitioning to modify alimony, the moving party must show three fundamental prerequisites: First, there must be a substantial change in circumstances. Second, the change was not contemplated at the time of final judgment of dissolution. Third, the change is sufficient, material, involuntary, and permanent in nature. Zeballos, 951 So. 2d at 974 (quoting Pimm v. Pimm, 601 So. 2d 534, 536 (Fla. 1992))... Further, "the proof required to modify a settlement agreement and the proof required to modify an award established by court order shall be the same." § 61.14(7), Fla. Stat. (2011)...
In a modification of alimony proceeding, where the have parties agreed that alimony is non-modifiable and there is no provision in the Marital Settlement Agreement that it will cease upon remarriage, bridge the gap alimony is non-modifiable. In Taylor v. Lutz, the Florida Court of Appeal recently stated: "[S]ection 61.08(5)...states: 'Bridge-the-gap alimony may be awarded to assist a party by providing support to allow the party to make a transition from being married to being single. Bridge-the-gap alimony is designed to assist a party with legitimate identifiable short-term needs, and the length of an award may not exceed 2 years. An award of bridge-the-gap alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony.
In a modification of alimony proceeding, where the possibility of change is known at the time of the final judgment, but the amount of the actual change that occurred was not known at that time, a modification may be permitted. In Garvey v. Garvey the Florida Court of Appeal recently stated: "Whether it be a change of health or any other curveball life indiscriminately throws, predictability of the occurrence is the cornerstone to any analysis. In Mendes v. Mendes, 947 So. 2d 450 (Fla. 4th DCA 2006), this court recognized the "well-established principle that modification may not be based upon factors affecting income known to the parties at the time a final judgment is entered." Id. at 452 (citation omitted). "The reason for this doctrine is an obvious one: if the likelihood of a particular occurrence was one of the factors which the court or the parties considered in initially fixing the award in question, it would be grossly unfair subsequently to change the result simply because the anticipated event has come to pass." Jaffee v. Jaffee, 394 So. 2d 443,445 (Fla. 3d DCA 1981) (emphasis added).