Posted by Nydia Streets of Streets Law in Florida Alimony

If a party who is receiving alimony re-marries or is in a supportive relationship, depending on the terms of a final judgment or settlement agreement, that party may be at risk of losing his or her alimony payments. This is because the party’s new partner is providing financial support to the party that reduces or eliminates the party’s need for alimony. This was an issue in the case Klokow v. Klokow, 5D19-2766 (Fla. 5th DCA July 2, 2021).

The parties’ final judgment of divorce obligated the former husband to pay the former wife $5,000.00 per month of alimony. Less than three years after entry of the final judgment, the former husband filed a petition requesting that the alimony be reduced or terminated because the former wife was in a supportive relationship. At trial, evidence was submitted that the former wife and her boyfriend were living together and that he paid approximately $900 per month toward household expenses. The trial court found that the former wife was in a supportive relationship but declined to modify the alimony based on the finding that the former wife’s need was still $5,000 per month and the former husband has the ability to pay it. Both parties appealed, with the former wife taking issue with the finding that she was in a supportive relationship and the former husband disagreeing with the court’s refusal to modify alimony.

The appellate court first upheld the trial court’s finding that the former wife was in a supportive relationship, citing competent substantial evidence to support this ruling. However, contrary to the former husband’s argument that the court was required to reduce or terminate alimony based on its finding that she was in a supportive relationship, the appellate court held such a holding “is inconsistent with the clear language of section 61.14(1)(b)3., Florida Statutes (2019), which provides only that the alimony ‘may’ be reduced or terminated once a supportive relationship is demonstrated.”

Turning to the former wife’s need, the appellate court held “Here, the record reflects that the former wife is supporting [her partner] to a certain extent, as evidenced in part by the fact that his financial contribution to the household expenses is insufficient to cover half thereof. Thus, the trial court erred by not addressing the extent to which permanent alimony paid to the former wife is being used by the former wife to support [her partner] or to offset his expenses.” The court also held it was error for the trial court to fail to consider how much income the former wife could receive from assets awarded to her in the divorce. As to the former husband’s ability to pay, the appellate court found the trial court did not properly consider the evidence before it concerning the former husband’s reduced income.

If you are facing a modification of alimony or seeking one in Florida, schedule a consultation with a Miami divorce lawyer to understand how the law may apply to your case.