MARTHA S. SPRINGSTEAD, APPELLANT,
v.
RICHARD W. SPRINGSTEAD, APPELLEE
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Martha Springstead appeals the trial court's reduction of her permanent periodic alimony from $5,000 to $4,500 per month based on her two-year cohabitation with a male companion. The appellate court reverses, holding that the evidence failed to demonstrate a substantial change in circumstances or meaningful financial impact from the cohabitation necessary to justify modification.
The court held that modification of alimony should not be based solely on cohabitation; rather, the financial impact of cohabitation must be examined. Here, the evidence failed to support a finding that $500 per month of alimony was diverted to the companion's expenses, as documentary evidence showed only two checks under $100 each, and shared expenses were split equally. The court reversed the modification and remanded for entry of an order restoring the full $5,000 monthly alimony.
[1] Modification of permanent periodic alimony requires a showing of a substantial change in circumstances that was not contemplated at the time of the final judgment and is…
[2] A recipient spouse's use of alimony payments to support adult children or squandering payments on personal vices does not justify a downward modification of alimony.
Previewing 2 of 5 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“Once instituted, permanent periodic alimony can only be modified when the complaining party has clearly shown a substantial change in the circumstances occurring after the entry of the order awarding alimony.”
Establishes the foundational standard for modification of permanent periodic alimony, requiring clear proof of substantial change in circumstances.
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Join FLexlaw to unlock all legal intelligenceMartha and Richard Springstead's 27-year marriage was dissolved in 1992, with Richard (an orthopedic surgeon) ordered to pay Martha (a homemaker) $5,0…
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JACOBUS, B.W., Associate Judge.
Martha Springstead, the former wife of appellee Richard Springstead, appeals the trial court’s order reducing her alimony award by $500 each month based upon her two-year cohabitation with a male companion. She argues that the evidence before the trial court failed to show a change of circumstances sufficient to justify reduction of alimony. We agree and reverse.
The parties’ marriage of twenty-seven years was dissolved by final judgment entered on October 5, 1992. The final judgment required the former husband, an orthopedic surgeon, to pay the former wife, a homemaker, $5000 per month in permanent periodic alimony until the former wife remarried or the death of either party. The former husband moved to modify the award of permanent periodic alimony based on allegations that the former wife was living with a male companion and that her needs had decreased since the divorce.
The order modifying the final judgment of dissolution of marriage made the following findings of fact that are relevant to this appeal: 1) the former wife had cohabitated with an adult male for at least two years; 2) at least $500 per month of the alimony paid by the former husband was used by the former wife to support her live-in companion; and 3) the former wife ceased cohabitating with her male companion six months after the filing of the former husband’s petition for modification. The trial judge reduced the former husband’s monthly alimony obligation by $500 retroactive to the filing date of the supplemental petition for modification, thus obligating the former wife to the former husband for $11,500 in overpayment of alimony.
Once instituted, permanent periodic alimony can only be modified when the complaining party has clearly shown a substantial change in the circumstances occurring after the entry of the order awarding alimony. Canakaris v. Canakaris, 382 So. 2d 1197, 1201-02 (Fla.1980). In Pimm v. Pimm, 601 So. 2d 534, 536 (Fla.1992), the supreme court explained:
n petitioning to modify alimony, the moving party must show three fundamental prerequisites. First, there must be a substantial change in circumstances. Second, the change was not contemplated at the time of the final judgment of dissolution. Third, the change is sufficient, material, involuntary, and permanent in nature.
In Waldman v. Waldman, 520 So. 2d 87, 89 (Fla. 3d DCA 1988), the court noted that “[t]he change in financial circumstances must be meaningful, relating to the needs of the spouse receiving the alimony and the ability of the other spouse to pay.”
As a general rule, how the recipient spouse chooses to spend the alimony is irrelevant in a modification action. For example, an ex-spouse’s use of alimony payments to support adult children does not justify termination of alimony. See Withers v. Withers, 390 So. 2d 453 (Fla. 2d DCA 1980). Similarly, a receiving spouse can squander alimony payments on gambling and liquor without these acts resulting in a downward modification of alimony. See Phillippi v. Phillippi, 148 Fla. 393, 4 So. 2d 465 (1941); Horner v. Horner, 222 So. 2d 791 (Fla. 2d DCA 1969).
However, where cohabitation is involved, modification has sometimes been deemed proper due to the financial contributions to or from the receiving spouse’s live-in companion.1 Nevertheless, modification of alimony should not be based solely on cohabitation; rather, the financial impact of the cohabitation must be examined. See, e.g., Schneider v. Schneider, 467 So. 2d 465 (Fla. 5th DCA 1985) (holding that to the extent permanent alimony paid to the receiving-spouse was utilized to support a new partner, the alimony payment should be deemed excessive). As explained by the court in Dibartolomeo v. Dibartolomeo, 679 So. 2d 72, 73 (Fla. 4th DCA 1996):
To justify a post judgment modification, the focus should not be so much on the cohabitation as on how the living situation has impacted the former spouse’s financial condition and need for continued support. Because it does not entail the same benefits, duties and rights as a traditional marriage, cohabitation alone cannot precipitate a termination of alimony without the factual finding of a change in circumstances concerning the former spouse’s needs and finances.
A trial court must evaluate the extent that a live-in companion benefits from the recipient spouse’s expenditures. For example, a court might properly consider the advantage the companion derives from the recipient spouse’s “mortgage payments, gas, telephone, electric, water/sewer payments, yard spray and cable [television]” in determining “an appropriate adjustment to [the former husband’s] alimony obligation.” Pill v. Pill, 559 So. 2d 364, 365 & n. 1 (Fla. 5th DCA 1990).
Here, the evidence as to the amount of any diversion of alimony to the former wife’s live-in companion does not support a finding of a substantial change in circumstances to warrant a downward modification of her support. The former wife had ceased cohabitating with her companion 1]£ years before the modification hearing. The evidence at the modification hearing showed that although the former wife and her corn- panion “commingled monies” during the the two years of cohabitation, the former wife wrote checks for her male companion’s benefit only when he reimbursed her. Furthermore, the only documentary evidence of the wife contributing to her male companion were two checks, each written for less than $100. The evidence also showed that the former wife and her companion purchased car insurance together because it was cheaper to insure two cars; however, each person paid half of the premiums. This evidence does not support the conclusion that the former wife diverted $500 per month of her alimony to her live-in companion’s expenses. In addition, there was no competent, substantial evidence in the recor'd to support the conclusion that the former wife’s needs have been reduced.
Accordingly, the modification order is reversed and the cause remanded to the trial court for entry of an order denying modification and restoring the former wife’s alimony to $5000 per month.
REVERSED AND REMANDED.
COBB and PETERSON, JJ., concur. . It is difficult to logically reconcile case law that does not allow modification of alimony when the receiving spouse spends the alimony on gambling, liquor, or supporting adult children but permits modification if the receiving spouse chooses to spend alimony money on supporting an adult, live-in companion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Donoff v. Mitzi Robin Donoff, 940 So. 2d 1221 (Fla. 4th DCA 2006)…nal judgment. The court voiced reliance on a principle that “the purposes to which the recipient puts the alimony generally do not support a modification,” citing Tinsley v. Tinsley, 502 So. 2d 997 (Fla. 2d DCA 1987), and Springstead v. Springstead, 717 So. 2d 203 (Fla. 5th DCA 1998).6 [*1225] Apart from the doubtful formulation of the principle he sought to apply, neither case supports the trial judge’s decision. Springstead is no help because by the time of the modification hearing the spouse there had stop…
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Buxton v. Buxton, 963 So. 2d 950 (Fla. 2d DCA 2007)…ek modification of alimony under section 61.14(a) when the recipient spouse was cohabiting with another. See, e.g., Reno v. Reno, 884 So. 2d 462 (Fla. 4th DCA 2004); Bridges v. Bridges, 842 So. 2d 983 (Fla. 1st DCA 2003); Springstead v. Springstead, 717 So. 2d 203 (Fla. 5th DCA 1998); DePoorter v. DePoorter, 509 So. 2d 1141 (Fla. 1st DCA 1987). In those cases, the fact that a recipient spouse was cohabiting with another was not, by itself, sufficient to allow modification of alimony. Reno, 884 So. 2d at 465;…
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Rahn v. Rahn, 768 So. 2d 1102 (Fla. 2d DCA 2000)…ons from a companion supports modification as a substantial change in circumstances. The former husband is correct that the economic impact of cohabitation may be considered in a petition for modification of alimony. See Springstead, v. Springstead, 717 So. 2d 203, 204 (Fla. 5th DCA 1998); Dibartolomeo v. Dibartolomeo, 679 So. 2d 72, 72-73 (Fla. 4th DCA 1996). However, to support a modification of alimony, a change in circumstances must be substantial. See Pimm, 601 So. 2d at 536. In this case, the evidence e…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Pimm v. Pimm, 601 So. 2d 534 (Fla. 1992)
- Waldman v. Waldman, 520 So. 2d 87 (Fla. 3d DCA 1988)
- Stach v. Bartsch, 390 So. 2d 453 (Fla. 4th DCA 1980)
- W.L. Smith v. Dunning, 467 So. 2d 465 (Fla. 1st DCA 1985)
- Phillippi v. Phillippi, 148 Fla. 393 (Fla. 1941)
- Pill v. Pill, 559 So. 2d 364 (Fla. 5th DCA 1990)
- Dibartolomeo v. Dibartolomeo, 679 So. 2d 72 (Fla. 4th DCA 1996)
- Losey v. Losey, 222 So. 2d 791 (Fla. 3d DCA 1969)