Can I Modify Alimony After a Florida Divorce Case?

In Florida, it is possible to modify your alimony payments after the judge has granted alimony to your former spouse. But you have to prove “substantial changes” have occurred, either in your ability to pay or your former spouse’s need for financial support.

One case in which alimony was modified is Linstroth v. Dorgan. In this article, we’ll discuss the case and how to argue for an alimony modification in Florida.

Background of the case

The case involved a former couple who divorced in 1992. The wife initially received $2,775 per month in permanent alimony, which is no longer allowed under Florida law. In 2002, the wife began cohabitating with another man. In 2003, the parties agreed to reduce the alimony payments to $1,550 per month. The former husband later sought to terminate alimony altogether, citing Florida Statute 61.14(1)(b), which addresses “supportive relationships” in the context of modifying an alimony payment. Ultimately, the new relationship soured, and the former wife sought to restore her alimony to the original $2,775 per month.

Outcome of the case 

One “substantial change” that could give rise to an alimony reduction is when a former partner cohabitates and enters into a “supportive relationship” with a new partner. In Linstroth, the husband claimed that his former wife was now cohabitating with a new partner, and it constituted a “supportive relationship.” A supportive relationship is defined by the commingling of assets or when one spouse supports the other. A spouse can petition the court for a reduction of alimony payments if their former spouse enters into a supportive relationship with a new partner. So, in Linstroth, the court was tasked with determining whether or not the former wife was engaged in a supportive relationship with her new partner.

Ultimately, the court sided with the wife on this matter. The husband had the burden of proving that the wife had entered into a supportive relationship with her new partner. The husband failed to establish this fact. Hence, the court sided with the wife. The court found that the relationship between the wife and her new partner did not rise to the standard of a supportive relationship as outlined by the statute.

The reasoning 

To rise to the standard of a “supportive relationship,” the husband would have had to prove that the wife and her new boyfriend had combined finances together. The former wife admitted to cohabitating with the new partner, sharing some activities (such as driving to work together), but there was no evidence of financial interdependence. The husband would have needed to prove that a “permanent economic supportive relationship equivalent to marriage” existed between the former wife and her new boyfriend. He didn’t, and so, he lost.

Talk to a Largo, FL, Divorce Lawyer Today

The Largo family lawyers at Cairns Law, P.A., represent the interests of those seeking to divorce. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

caselaw.findlaw.com/fl-district-court-of-appeal/1346181.html