Elbaum v. Elbaum
141 So. 3d 658
| Fla. Dist. Ct. App. | 2014Background
- Elbaum sought to modify/terminate alimony in 2012 based on wife’s supportive relationship and cohabitation.
- The 2007 final judgment incorporated a marital settlement agreement (MSA) requiring $2,000 monthly permanent alimony until age 62, terminable only upon remarriage or death.
- Article XII of the MSA limits modification to unforeseen circumstances involving the former husband's business or health affecting his ability to work.
- The parties executed a broad waiver in Article XII waiving any right to modification now or in the future.
- The circuit court dismissed the petition as barred by the unambiguous non-modifiability in Article XII; on appeal, the issue is whether the waiver and sole modification grounds control.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Article XII unambiguously limits modification to health/business issues. | Elbaum argues cohabitation constitutes a modification ground. | Elbaum’s ex-wife contends modification is barred by the waiver and the explicit limits. | Yes; modification not permitted beyond health/business unforeseen circumstances. |
Key Cases Cited
- Smith v. Smith, 110 So.3d 108 (Fla. 4th DCA 2013) (MSA provided non-modifiability except specific events; supportive relationship not allowed)
- Centeno v. Centeno, 109 So.3d 1259 (Fla. 2d DCA 2013) (Language not clearly limited to one set of facts; not controlling here)
- Cook v. Cook, 94 So.3d 683 (Fla. 4th DCA 2012) (Modification tied to custody not exclusively limiting alimony modifications)
- Linstroth v. Dorgan, 2 So.3d 305 (Fla. 4th DCA 2008) (Cohabitation statute codified prior case law; framework for modifications)
- Overton v. Overton, 34 So.3d 759 (Fla. 1st DCA 2010) (Definition of supportive relationship; economic substitute for marriage)