Posted by Nydia Streets of Streets Law in Florida Alimony

In order to modify alimony in Florida, a party seeking modification must show (1) there was a substantial change in circumstances; (2) the change was not contemplated at the time of the final judgment of dissolution; and (3) the change is sufficient, material, involuntary, and permanent in nature. See Pimm v. Pimm, 601 So. 2d 534, 536 (Fla. 1992). An order that decides the modification of spousal support is reviewed by an appellate court for abuse of discretion in Florida. In Davis v. Maloch, 5D18-2490 (Fla. 5th DCA December 20, 2019), the former wife appealed an order denying her petition to increase her permanent alimony.

When the parties divorced, the former husband was found to earn in excess of $300,000 per year while the court imputed income of $43,000 per year to the former wife. In the years following their divorce, each party filed a petition for modification. In 2017 the former wife filed a petition seeking to increase her alimony after it had previously been reduced based on the former husband’s unemployment. After a hearing before the general magistrate, the court granted the former wife’s modification request, albeit not to the amount she requested. The former husband then filed exceptions to the magistrate’s report which the trial court granted, effectively reversing the general magistrate’s ruling on the former wife’s request.

In reversing the trial court’s order, the appellate court held “Next, we address Former Wife's second argument—that the magistrate properly considered the parties' standard of living during the marriage. ‘Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage.’ § 61.08(8), Fla. Stat. (2016). Section 61.08(2)(a) specifically authorizes the consideration of the parties' marital lifestyle in determining a spouse's need for alimony, and section 61.14 provides broad discretion to the trial court to enter an order modifying alimony as equity requires. §§ 61.08(2)(a), 61.14, Fla. Stat. (2016). In making an alimony modification, the court must look at all relevant factors in section 61.08. Albu v. Albu, 150 So. 3d 1226, 1228 (Fla. 4th DCA 2014). A court may consider the parties' marital lifestyle in determining a spouse's need for a modification of alimony or the amount thereof.“

Ultimately, the appellate court found that although the court considered the first prong of the Primm case test, it failed to consider the remaining two prongs. The case was therefore remanded for the general magistrate to make appropriate findings. If you are seeking to increase or decrease alimony in Florida, contact a Florida divorce lawyer to find out what rights and remedies are available to you.