Posted by Nydia Streets of Streets Law in Florida Alimony
When a party seeks to modify alimony, circumstances must be different from when the alimony was first awarded. The change must be unanticipated and substantial. What if an alimony recipient gains new credentials or employment? Is this enough to warrant a modification of alimony? This was an issue in the case Girard v. Girard, 4D21-2618 (Fla. 4th DCA November 30, 2022).
The parties entered a marital settlement agreement as part of their divorce which required the former husband to pay to the former wife permanent alimony of $13,500 per month. Seven years later, the former husband sought modification of alimony, alleging the former wife was now working and she was supporting her mother who lived with her. The former husband also alleged the former wife was underutilizing real property awarded to her in the divorce with regard to rental income. The trial court agreed with the former husband and reduced the former wife’s alimony by over $2,000 per month. The former wife appealed.
The former husband presented evidence that the former wife was hired part-time as an interior designer. Shortly before the hearing on his petition for modification, the former wife’s employment ended, and she testified that it was always a temporary position which was filled once the company found a permanent employee. The appellate court noted “[H]ere the wife did not obtain a higher education degree or full-time permanent employment. Rather, the wife completed several classes at the community college, had not yet earned a certificate or degree, and held only a temporary part-time position for a limited time. Although the wife’s employment ended two weeks before the hearing, the undisputed evidence was that this position was always temporary. The wife was filling in for an employee who had left, and the wife’s position ended because the company hired a full-time replacement.”
As to the issue of rental income and the former wife’s mother, the court held “The trial court also abused its discretion in imputing $950 in monthly rental income to the wife for her condominium. The undisputed testimony was that the wife’s mother lived in the condominium rent-free during the marriage and at the time of the final judgment. Thus, the wife’s alleged underutilizing of the condominium to generate rental income cannot be a ‘substantial change in circumstances’ ‘that was not contemplated at the time of final judgment of dissolution.’”
The case was remanded to the trial court with instructions to reinstate the original alimony amount. Schedule your meeting with a Miami divorce lawyer to understand how the law may apply to your case.