Posted by Nydia Streets of Streets Law in Florida Alimony
What does the term “non-modifiable alimony” mean? Usually, this means that alimony payments cannot be changed in length, amount or otherwise. A Florida divorce court cannot order non-modifiable alimony absent an agreement between the spouses or findings of exceptional circumstances. The definition of the term “non-modifiable” was at issue in the case Perez v. Perez, 5D20-2094 (Fla. 5th DCA November 5, 2021).
As part of their divorce, the parties entered a marital settlement agreement which stated the former husband was to pay the former wife 48 months of non-modifiable durational alimony. The former wife remarried prior to the expiration of the 48 months, and the former husband filed a motion to terminate the alimony. At a hearing, the former wife argued it would be improper to terminate the alimony because the parties agreed it would be non-modifiable. The trial court ruled the term “non-modifiable” was insufficient to prohibit termination of alimony on remarriage, especially where the marital settlement agreement was silent on the issue of remarriage. The former wife appealed.
The appellate court reversed the trial court’s ruling, holding “The possibility that an ex-spouse might remarry is not an unforeseen or uncommon occurrence, which the legislature certainly contemplated by including that contingency in the statute at issue. See § 61.08(7), Fla. Stat. The parties in this case should have contemplated it also. Notwithstanding, they entered into a contract designating the alimony as non-modifiable and are bound by the plain meaning of that language. Therefore, because the clear and unambiguous language of the parties’ MSA controls over the statute, we ‘must treat the written instrument as evidence of the agreement’s meaning and the parties’ intention.’” (internal citation omitted).
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