MARY ELLEN KILPATRICK, FORMERLY KNOWN AS MARY ELLEN MCLOUTH, APPELLANT,
v.
MALCOLM E. MCLOUTH, APPELLEE
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FRANK D. UPCHURCH, Jr., Judge.
Appellant appeals from a summary final judgment denying her petition for modification of an alimony award.
The final judgment of dissolution of marriage incorporated a separation agreement executed by the parties. The agreement, which provided for an alimony award, specifically provided that the agreement was to be non-modifiable and that the wife waived or released any right to alimony modification. Wife contends that such a provision should be void as against public policy. We disagree and affirm.
A spouse can waive all right to alimony. Kirkconnell v. Kirkconnell, 222 So. 2d 441 (Fla.2d DCA 1969). Therefore, it logically follows that a spouse can waive the right to modification. Muss v. Muss, 390 So. 2d 415 (Fla.3d DCA 1980); Turner v. Turner, 383 So. 2d 700 (Fla.4th DCA 1980). Generally, one can waive any contractual, statutory or constitutional right. Bellaire Securities Corporation v. Brown, 124 Fla. 47, 168 So. 625 (1936).
AFFIRMED.
DAUKSCH, C. J., and COBB, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jaffee v. Jaffee, 394 So. 2d 443 (Fla. 3d DCA 1981)…ere is no question of the validity and binding effect of this contractual undertaking, viewed either as a limited waiver of an otherwise existing right to seek modification, see, Lee v. Lee, 157 Fla. 439, 26 So. 2d 177 (1946); Kilpatrick v. McLouth, 392 So. 2d 985 (Fla. 5th DCA 1981) (complete waiver of right to modification valid); Muss v. Muss, 390 So. 2d 415 (Fla. 3d DCA 1980) (same); Turner v. Turner, 383 So. 2d 700 (Fla. 4th DCA 1980) (same); or, more straightforwardly, as a provision that sums which Mrs…
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Wolfe v. Wolfe, 424 So. 2d 32 (Fla. 4th DCA 1982)…ing modifiable, they should express it. Such provision is plainly enforceable. Turner v. Turner, 383 So. 2d 700 (Fla. 4th DCA), pet. for rev. denied, 392 So. 2d 1381 (Fla.1980); Muss v. Muss, 390 So. 2d 415 (Fla. 3d DCA 1980); Kilpatrick v. McLouth, 392 So. 2d 985 (Fla. 5th DCA 1981). Similarly, if payments are intended to be a property right and non-modifiable, that, too, should be said as such provision is equally enforceable.…
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Bassett v. Bassett, 464 So. 2d 1203 (Fla. 3d DCA 1984)…the permanent alimony provided by this Agreement, each intending to establish irrevocably as the alimony which the Husband shall pay to the Wife those payments and transfers set forth in this Agreement. 383 So. 2d at 703. In Kilpatrick v. McLouth, 392 So. 2d 985 (Fla. 5th DCA 1981), the court observed: The agreement, which provided for an alimony award, specifically provided that the agreement was to be non-modifiable and that the wife waived or released any right to alimony modification. 392 So. 2d at 98…1 / 3
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- Bellaire Sec. Corp. v. Brown, 124 Fla. 47 (Fla. 1936)
- Turner v. Evabel M. Turner, 383 So. 2d 700 (Fla. 4th DCA 1980)
- Muss v. Muss, 390 So. 2d 415 (Fla. 3d DCA 1980)
- Kirkconnell v. Kirkconnell, 222 So. 2d 441 (Fla. 2d DCA 1969)