WENDY L. MAHLE
v.
STEPHEN E. MAHLE
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The appellate court affirmed a trial court's decision denying a petition to modify alimony. The court held that the former wife failed to prove a substantial change in circumstances, and the trial court correctly declined to impute the value of the former husband's unapplied-for Social Security benefits as income.
No, the trial court correctly declined to impute the value of the former husband's eligible, but as-yet unapplied-for, Social Security benefits as income. The former wife failed to prove a substantial and material change in circumstances to warrant modification.
[1] A trial court may not impute the value of a recipient spouse's eligible, but unapplied-for, Social Security benefits as income if the recipient spouse would receive large…
[2] Modification of permanent periodic alimony requires proof of a substantial and material change in the parties' circumstances.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the trial court correctly concluded that the former wife failed to sufficiently prove the existence of a substantial and material change in the parties’ circumstances to warrant modification of the former husband’s alimony award.”
Establishes the primary reason for affirming the lower court's decision.
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Join FLexlaw to unlock all legal intelligenceThe former wife petitioned to modify the permanent periodic alimony awarded to the former husband. The trial court denied the petition, finding no sub…
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ARTAU, J.
Wendy L. Mahle (the former wife) appeals from a final judgment denying her petition to modify the permanent periodic alimony awarded to Stephen E. Mahle (the former husband) pursuant to a marital settlement agreement (MSA) adopted by the trial court as part of their divorce judgment. We affirm on all issues because the trial court correctly concluded that the former wife failed to sufficiently prove the existence of a substantial and material change in the parties’ circumstances to warrant modification of the former husband’s alimony award.
In Huertas Del Pino v. Huertas Del Pino, 229 So. 3d 838 (Fla. 4th DCA 2017), we held that a trial court may not impute, as income to a recipient spouse, the value of that spouse’s eligible, but as-yet unapplied-for, Social Security benefits, if the evidence presented demonstrates that the receiving spouse “would receive larger benefits if he or she decided to defer benefits until a later time” and if there is no evidence to suggest that the decision to defer receipt of the benefits was anything other than “a prudent investment strategy[.]” Id. at 842.
In the absence of a stipulation in the parties’ MSA or a finding in their divorce judgment contemplating retirement at a certain age, we find no
distinction between this case and Huertas Del Pino. See id. at 841-42 (holding that unless a recipient spouse was “receiving Social Security benefits … when the trial court decided alimony” or “absent some other compelling reason,” the value of eligible but as-yet unapplied-for Social Security benefits is “not subject to imputation”).
Accordingly, we conclude that the trial court properly adhered to Huertas Del Pino in declining to impute the value of former husband’s eligible, but as-yet unapplied-for, Social Security benefits.
We therefore affirm, because the trial court correctly concluded that the former wife failed to sufficiently prove the existence of a substantial and material change in the parties’ circumstances to warrant modification of the alimony award.
Affirmed.
WARNER and GROSS, JJ., concur.
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Citator
Authorities Cited
- Anemey K. Huertas del Pino v. del Pino, 229 So. 3d 838 (Fla. 4th DCA 2017)