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 of marriage, the former husband was a successful ophthalmologist and owned his own practice. Five years after the divorce was granted, the former husband filed a Supplemental Petition for Modification of Alimony based upon the fact that he sold his business, was working as a salaried employee, and sustained a substantial decrease in his income. In his Supplemental Petition, the former husband also stated that he was preparing to retire, as he was almost 65 years of age. The former husband and former wife signed an agreed final judgment that reduced the former husband's alimony obligation.
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 and Former Wife were married for 26 years. The Former Husband was the primary wage earner, and the Former Wife stayed home to raise the parties' two children. Prior to the Final Hearing, the parties entered into a Marital Settlement Agreement. The Marital Settlement Agreement stated that the Former Husband would pay 8 years of durational alimony to the Former Wife. The Marital Settlement Agreement also stated that the Former Husband's involuntary loss of employment would be considered to be a substantial change of circumstances for purposes of modification of alimony. By the time that the Final Hearing took place, the Former Husband was involuntarily unemployed. The trial court enforced the Marital Settlement Agreement, however, it permitted the Former Husband to institute an action for modification of alimony. Former Husband brought an action for modification of alimony. However, Former Husband dismissed this claim when he found employment. Five years later, Former Husband again became unemployed and brought this action for modification. Although Former Husband regained employment, he pursued his claim for modification of alimony based upon the fact that his current income was less than it was at the time of the Final Hearing and because the Former Wife had not obtained employment subsequent to the entry of the Final Judgment.