BALA RAO, APPELLANT,
v.
CHARULATA RAO, APPELLEE
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Florida appellate court affirmed a final judgment conditioning future alimony modifications on the wife's enrollment in and completion of a master's nursing program, holding that prospective modification of alimony is permissible when precisely drawn and conditioned upon a specifically identified occurrence.
A prospective modification of a final judgment conditioning alimony changes upon a specifically identified future occurrence is proper when precisely drawn, even though automatic modification is generally inappropriate absent present evidentiary basis.
[1] A prospective modification of a final judgment of dissolution conditioning alimony upon a specifically identified future occurrence is permissible when the modification i…
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Join FLexlaw to unlock all legal intelligenceIn a dissolution of marriage, the trial court awarded the wife rehabilitative alimony of $1,000 per month, increasing to $1,500 per month if she enrol…
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PER CURIAM.
The final judgment in the instant matter provides that the rehabilitative alimony granted the wife is to increase from $1,000.00 per month to $1,500.00 per month for a period of two years from the date of her enrollment in a master’s program or until such time as she receives a master’s degree in nursing, whichever first occurs. For the increase to become effective, the wife was to enter the master’s program by October 1, 1986. Thereafter, the award of permanent periodic alimony is to be in the amount of $500.00. per month. The husband challenges that aspect of the final judgment claiming that an automatic change in alimony upon the occurrence of a future event is improper. It is true in the circumstance where there is no present evidentiary basis for the determination of future events and a procedure is available for a later modification of the judgment when a change in circumstances does occur, that an automatic modification is generally inappropriate. The prospective modification of a final judgment of dissolution, however, may be upheld when precisely drawn and conditioned upon a specifically identified occurrence. See Ramsey v. Ramsey, 431 So. 2d 258 (Fla. 2d DCA 1983); Kangas v. Kangas, 420 So. 2d 115 (Fla. 2d DCA 1982).
Based upon the record before us disclosing the circumstances surrounding the marriage and the benefits during coverture enjoyed by the wife, we conclude that the trial court did not err in predetermining the future permanent periodic alimony.
Affirmed.
RYDER, A.C.J., and CAMPBELL and FRANK, JJ., concur.
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Lanier v. Lanier, 594 So. 2d 809 (Fla. 1st DCA 1992)…September 1992, is based on the wife’s testimony that teaching positions are available in her field, that she will have her teaching credentials by the time schools open in Fall 1992, and that her financial picture will change then. See Rao v. Rao, 501 So. 2d 38 (Fla. 2nd DCA 1986) (automatic reduction in alimony may be upheld when precisely drawn and conditioned upon a specifically identified occurrence); Antonini v. Antonini, 473 So. 2d 739 (1st DCA 1985), rev. den., 484 So. 2d 7 (Fla.1986); Hitt v. Hitt,…
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Pagano v. Pagano, 665 So. 2d 370 (Fla. 4th DCA 1996)…nty that the wife’s financial picture will improve or change to any particular extent after three years of rehabilitative alimony. Were this an award of permanent alimony, we would reverse the reduction on the authority of Hitt. See also Rao v. Rao, 501 So. 2d 38 (Fla. 2d DCA 1986). However, we can discern no reason to apply the Hitt principle, that a prospective modification of permanent alimony must be tied to an identifiable future event, to a scheme of rehabilitative alimony. We note that the court, in i…
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Hitt v. Hitt, 571 So. 2d 79 (Fla. 4th DCA 1990)…tomatic, future change or termination of alimony based upon the anticipated occurrence of a future event. Davidson v. Davidson, 410 So. 2d 943 (Fla. 4th DCA 1982). We note, without deciding, that there may be exceptions to this rule. See Rao v. Rao, 501 So. 2d 38 (Fla. 2d DCA 1986). It is reasonably clear, however, that there can be no provision for an automatic change in the amount of alimony awarded unless the evidence supports a finding that the receiving spouse’s financial position will in fact change in…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kangas v. Kangas, 420 So. 2d 115 (Fla. 2d DCA 1982)
- Ramsey v. Ramsey, 431 So. 2d 258 (Fla. 2d DCA 1983)