Smith v. Smith
110 So. 3d 108
| Fla. Dist. Ct. App. | 2013Background
- Leroy Smith petitioned to terminate his alimony obligation based on Mary Smith's alleged supportive relationship under Florida 61.14(l)(b).
- Mary Smith moved for judgment on the pleadings asserting the marital settlement agreement expressly made alimony non-modifiable.
- The trial court granted judgment on the pleadings for Mary, and Leroy appealed.
- Florida's 61.14(l)(b) codifies caselaw allowing modification based on cohabitation in post-dissolution matters.
- Courts recognize that waivers of modification rights may be express or implied by the agreement as a whole.
- The agreement here states alimony is non-modifiable and terminates only on death or remarriage, unambiguously excluding modification based on a supportive relationship; the court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 61.14 may modify alimony despite a non-modifiable agreement | Smith argues 61.14 allows modification. | Mary argues waiver and contract controls. | No; contract controls; waiver of modification stands. |
| Does a marital settlement agreement preclude modification for cohabitation | Smith contends waiver does not preclude statute. | Mary asserts clear non-modifiability overrides statute. | Yes; explicit non-modifiability precludes modification. |
| What is the effect of a waiver implied by agreement as a whole | Smith relies on implied waiver theory. | Mary relies on explicit terms and case law recognizing waiver. | Implied/express waiver supports non-modifiability. |
| Did the agreement contemplate but exclude supportive relationship as a termination event | Smith argues potential termination event could be contemplated. | Mary says parties chose not to contemplate supportive relationship. | Parties did not contemplate 61.14 termination; agreement controls. |
| What is the controlling law on waivers of alimony modification in Florida | Smith seeks statutory modification rights. | Mary emphasizes waiver and contract doctrine. | Waiver principles govern; statute cannot override contract terms. |
Key Cases Cited
- Linstroth v. Dorgan, 2 So.3d 305 (Fla. 4th DCA 2008) (cohabitation basis for alimony modification recognized in post-dissolution)
- Bassett v. Bassett, 464 So.2d 1203 (Fla. 3d DCA 1984) (waiver of modification rights may be explicit or through the agreement as a whole)
- Lee v. Lee, 26 So.2d 177 (Fla. 1946) (waiver of modification rights recognized by contract terms)
- Cunningham v. Cunningham, 499 So.2d 880 (Fla. 1st DCA 1986) (modification rights may be controlled by explicit terms)
- DePoorter v. DePoorter, 509 So.2d 1141 (Fla. 1st DCA 1987) (clear intention that alimony provisions control and are modifiable only as authorized)