Posted by Nydia Streets of Streets Law in Florida Alimony
Do I qualify for an abatement of alimony? This is a question many may have when they run into financial difficulties due to loss of income or other issues. An abatement means a pause on the obligation. While the money will still eventually be owed, a party does not have to worry about being held in contempt during the period of abatement. This was an issue in the case Vuchinich v. Vuchinich, 2D20-3719 (Fla. 2d DCA May 26, 2023).
When the parties originally divorced, the former husband was ordered to pay alimony based on his then-income. Two years later, he successfully sought a reduction in alimony based on a decrease in income. Another two years later, he again petitioned for modification, alleging he had lost his job and obtained another one at a lower base salary. He also requested an abatement of his obligation during his period of unemployment. The record showed that when he modified alimony the first time, his income was somewhere between $187,000 and $250,000 annually, but the record was not definitive on this point. The former wife contended the former husband’s income during the first modification was $187,000 and thus there was no change in circumstances. The court ultimately denied the former husband’s second modification request, basing its ruling on the fact that the former husband’s income fluctuated greatly during the marriage without impact on his lifestyle. The former husband appealed.
The appellate court reversed, holding “Here, assessing the amount of [the former husband’s] income at the time of the 2018 alimony order was necessary to determining whether there was a substantial change in circumstances that was ‘sufficient, material, permanent, and involuntary’ to support his 2020 modification request. [internal citation omitted]. Without these findings, we are unable to conclude that there is support for denying [the former husband’s] petition. We reverse the order on the modification petition and remand for the trial court to make the findings necessary to support it or, if need be, to reconsider the modification issue. We note that the court also failed to rule on [the former husband’s] request for an abatement of his alimony obligation for the period of his unemployment. On remand, the court shall consider that question as well.”
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