82 So. 3d 1124
Fla. Dist. Ct. App.2012Background
- Divorce finalized in 2004 after 19 years; Former Husband paid $3100 monthly permanent alimony.
- In 2009, Former Husband sought modification/termination alleging Former Wife cohabited with Mr. Doss in a supportive relationship.
- Financial disclosures showed Former Husband earning substantially more post-divorce; Former Wife had $5100 gross and $3905 net, plus $1000 alimony and $1000 from Mr. Doss.
- Former Wife testified Mr. Doss resided with her since 2002, before judgment; the child is now adult, attends college, and Former Husband supports related expenses.
- Circuit court found a preexisting cohabitation and pooled resources and reduced alimony from $3100 to $2100 retroactively to February 1, 2009.
- On appeal, Wife cross-appealed; Court reversed and remanded, reinstating $3100 alimony and awarding arrears.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether predivorce cohabitation can reduce alimony under 61.14(1)(b). | King argues predivorce cohabitation is enough to modify alimony. | King contends statute allows modification for postdivorce cohabitation only. | Predivorce cohabitation does not authorize modification. |
| Whether the circuit court erred by applying 61.14(1)(b) to predate the judgment. | King asserts court correctly applied ongoing cohabitation. | King asserts predivorce relationship cannot trigger reduction. | Statute requires relationship since grant of divorce and alimony; cannot reduce for predivorce relation. |
| Proper standard and remand relief when cohabitation predates divorce. | King requests continued alimony reduced by $1000 and arrears resolved on remand. | Wife seeks reinstatement of original alimony; any arrears determined on remand. | Remand to resume $3100 and address unpaid arrears; court erred in reduction. |
Key Cases Cited
- Buxton v. Buxton, 963 So.2d 950 (Fla. 2d DCA 2007) (establishes four-step analysis for 61.14(1)(b) reductions)
- Pimm v. Pimm, 601 So.2d 534 (Fla. 1992) (modification requires substantial post-judgment change)
- Ferguson v. Ferguson, 921 So.2d 796 (Fla. 5th DCA 2006) (changed conditions must be since prior award)
- Baumann v. Baumann, 22 So.3d 719 (Fla. 2d DCA 2009) (cohabitation statute framework in pairing with 61.14(1)(a))
- Forsythe v. Longboat Key Beach Erosion Control Dist., 604 So.2d 452 (Fla. 1992) (all parts of statute read in harmony; legislative intent)
- United States v. Jefferson Electric Mfg. Co., 291 U.S. 386 (1934) (principle of in pari materia statutory construction)
- Holly v. Auld, 450 So.2d 217 (Fla. 1984) (plain meaning governs statutory interpretation)
- Green v. State, 604 So.2d 471 (Fla. 1992) (plain and ordinary meaning of words; dictionary aid)
- Gardner v. Johnson, 451 So.2d 477 (Fla. 1984) (reference for dictionary and context standards)