Posted by Nydia Streets of Streets Law in Florida Alimony
When a former spouse who is ordered to pay alimony suspects that the other former spouse is cohabitating, this may be grounds to modify Florida alimony. A four-step analysis is required by the court in determining if alimony should be reduced or terminated on this ground. This was an issue in the case Spector v. Spector, 3D22-1400 (Fla. 3d DCA October 11, 2023).
The former husband agreed to pay alimony to the former wife in their divorce. Approximately two years prior to the date his alimony was to terminate, the former husband filed a petition to terminate or modify alimony on the basis that the former wife was cohabitating with someone in a supportive relationship. The trial court granted the petition, finding the former wife was in a supportive relationship. It also ordered the former wife to repay the alimony paid to her from the date the former husband filed his petition. The former wife appealed.
The appellate court noted a four-step analysis to be used in this case:
First, the circuit court must “elicit the nature and extent of the relationship in question.” § 61.14(1)(b)(2). To accomplish this task, the circuit court must consider and make findings concerning the factors listed in section 61.14(1)(b)(2) and any other pertinent circumstances. Buxton v. Buxton, 963 So. 2d 950, 951-53 (Fla. 2d DCA 2007). In the second step, based on its findings, the circuit court must determine whether the facts establish a supportive relationship. Id. If the circuit court concludes that a supportive relationship does exist, then it must decide whether to reduce or terminate the alimony obligation. Id. at 952-53. In the third step, the circuit court must consider the relevant economic factors for determining an award of separate maintenance or alimony outlined in section 61.08(2). Buxton, 963 So. 2d at 955-56. In the fourth step, having considered the relevant economic factors, the circuit court must determine “whether to reduce or terminate the Former Wife's alimony and, if to reduce it, by how much.” Id. at 956
The court found the first and second steps were followed and found no error in the trial court’s determination that a supportive relationship existed. However, the court found “the instant case, the trial court followed step four—terminated alimony—but prior to doing so, failed to comply with step three—consider the relevant economic factors outlined in section 61.08.3 As a result of the trial court’s failure to address the relevant economic factors, we cannot determine if the trial court abused its discretion by terminating the Former Wife’s alimony. Accordingly, we reverse the portion of the order on review terminating the Former Husband’s obligation to pay alimony to the Former Wife, and remand with instructions for the trial court to make the requisite findings, and based on those findings, to reconsider whether alimony should be terminated or reduced, and if the trial court determines that alimony should be reduced, to determine the reduced amount.”
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