As the payer of alimony, you’re expected to make monthly payments to your former spouse under specific conditions. While we used to have “permanent alimony” in Florida, the legislature did away with that. Nonetheless, you can petition the court for an alimony modification if you can establish that a substantial, material, and unanticipated change has occurred that makes paying alimony difficult. One such circumstance is retirement. In the case of Pimm v. Pimm, 601 So. 2d 534 (Fla. 1992), the husband argued that his alimony payments should be reduced or eliminated since he was retiring. In this article, we’ll review the case and how it applies to alimony modifications.
Background of the case
In this case, the husband and wife divorced in Florida. The final judgment required the husband to pay permanent periodic alimony to his former wife. Years later, the husband sought to modify and reduce his alimony payments on the grounds that he had retired voluntarily at the age of 65. The trial court reduced his alimony payments, but the District Court of Appeal reversed the ruling, holding that voluntary retirement did not constitute an unanticipated change in circumstances. The Florida Supreme Court took the case to resolve the issue.
The question then became: Does voluntary retirement at a normal retirement age qualify as a substantial change in circumstances that can justify revisiting an alimony award under Florida law?
The appeal
In this case, the answer was ‘yes’. The Florida Supreme Court held that reasonable, good-faith retirement at or after a normal retirement age can constitute a substantial change in circumstances that justifies modification of alimony.
Under § 61.14, Fla. Stat., an alimony modification requires a showing of substantial, material, involuntary, and permanent change in financial circumstances. The court emphasized that retirement is not involuntary or unanticipated. But when taken in good faith and at a reasonable age, it is often a legitimate and foreseeable event. The courts must evaluate:
- The age, health, and motivation of the spouse paying alimony
- Whether retirement is reasonable in light of the parties’ standard of living and needs
- The financial impact on both parties
While making this finding, the court rejected a blanket rule barring modification for voluntary retirement. The case was thus remanded back to the trial court to reconsider alimony in light of these factors.
Key takeaways
In the State of Florida, voluntary retirement can be a justification for the modification of alimony if the retirement is reasonable, taken in good faith, and at the appropriate age. Trial courts must weigh the equities for both spouses and cannot automatically deny modification just because the retirement is voluntary.
Talk to a Tampa, FL, Family Law Attorney Today
Westchase Law, P.A., represents the interests of Florida residents during and following their divorce. Call our Tampa family lawyers today to schedule an appointment, and we can begin addressing your concerns right away.
Source:
law.justia.com/cases/florida/supreme-court/1992/76885-0.html