Posted by Nydia Streets of Streets Law in Florida Alimony
Modifying permanent alimony in Florida requires a showing of a substantial change in circumstances, among other proof. The party requesting modification has the high burden of showing that circumstances have changed beyond their control. This was an issue in the case Branham v. Branham, 5D22-320 (Fla. 5th DCA December 2, 2022).
As part of the divorce judgment, the former husband agreed to pay the former wife $1,000 per month in permanent alimony. Approximately six years later, the former husband left his employment and filed a petition for modification, alleging he had a short term disability and was told he would not be authorized to return to work; he expected to eventually be upgraded to permanent disability, but even if not, he could not be expected to perform his job at the same level as before; and he believed the former wife’s income had increased. After a hearing, the trial court denied the former husband’s request for downward modification of alimony finding the former husband had not provided proof of disability, that he voluntarily quit his job, and that he failed to show a substantial, material and unanticipated change in circumstances. The former husband appealed.
The appellate court affirmed, holding “we conclude, without the need for providing greater detail, that the aforementioned findings of fact made by the trial court were supported by competent substantial evidence. In doing so, we acknowledge merit in one of the three arguments raised by Former Husband on appeal that the trial court erred when it found or considered that Former Husband had funds ‘available’ (presumably to pay alimony) from his sale of the parties’ former marital home to their adult daughter.2 This sale occurred approximately three months before Former Husband filed his supplemental petition for modification, at a time when he was not delinquent on his alimony payments. Under these circumstances, the sale and resulting net proceeds were not pertinent to the issue of whether to modify or terminate alimony. [. . .] Nevertheless, this error did not relate to or otherwise impact the trial court’s separate finding that Former Husband voluntarily left his employment, which, on the present record before us, was supported by the trial evidence and was dispositive.”
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