Posted by Nydia Streets of Streets Law in Florida Alimony

Florida Statute Chp. 61.08 governs alimony. Factors are listed in this statute which must be considered by the court in establishing or modifying an alimony payment. Some of these factors include the standard of living established during the marriage, the duration of the marriage and the age, physical and emotional condition of the parties. Modification of alimony was an issue in the case Stivelman v. Stivelman, 3D21-1404 (Fla. 3d DCA February 8, 2023).

In their marital settlement agreement, the former husband agreed to pay the former wife more than $20,000 per month in permanent alimony which was only modifiable once the former husband turned 60 upon a showing of a substantial change in circumstances. When the former husband was 62 years old, he filed a petition for modification. After a lengthy hearing, the former husband’s alimony obligation was reduced to a little more than $11,000 per month. The former wife appealed, arguing there were insufficient findings made by the court to justify modification.

The appellate court reversed, holding “Neither the trial court’s January 7, 2021 order nor its June 10, 2021 order recites the requisite statutory findings of section 61.08(2) of the Florida Statutes. § 61.08(1), Fla. Stat. (2021) (‘In all dissolution actions, the court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony.’) (emphasis added); see Engle v. Engle, 277 So. 3d 697, 698 (Fla. 2d DCA 2019) (‘A trial court’s failure to make the required findings is reversible error.’); [citation omitted] The requirement of making statutory findings applies not only to a trial court’s initial alimony award but also to any modification of an alimony award. While we recognize that in an alimony modification case, the passage of time might render some of the statutory factors less pertinent than others, our ability to review the appropriateness of an alimony award is predicated on a full recitation of the section 61.08(2) findings.” (citations omitted).

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