ALLAN EDWARD OVERTON, FORMER HUSBAND, APPELLANT,
v.
KATHY LYNN OVERTON, FORMER WIFE, APPELLEE

Fla. 1st DCA | 2012-06-14
No. 1D11-5854
THOMAS and SWANSON, JJ., concur.
92 So. 3d 253 Florida District Court of Appeal, First District (2012) Positive Treatment
Cited by 3 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Allan Overton appealed a trial court's denial of his request to reduce or terminate alimony based on his ex-wife's cohabitation in a supportive relationship. The appellate court affirmed, holding that while a supportive relationship was established, the trial court properly exercised its discretion to deny modification because the ex-wife's substantial financial needs persisted despite the relationship.


Holding

A trial court has discretion to reduce or terminate alimony upon finding a supportive relationship exists, but must also consider the parties' financial circumstances and the obligee's actual economic need. The existence of a supportive relationship alone does not mandate modification; the court must evaluate whether the relationship decreases the obligee's need for economic support.


Headnotes

[1] A trial court may reduce or terminate alimony upon finding that the obligee has been in a supportive relationship with another person since the divorce.

[2] The existence of a supportive relationship does not automatically mandate the reduction or termination of alimony.

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Key Quotes

“A supportive relationship is a relationship that 'takes the financial place of a marriage and necessarily decreases the need of the obligee.'”

Defines supportive relationship standard from French v. French, cited in prior opinion

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Facts & Procedural History

Allan and Kathy Overton were divorced with an alimony award in place. Kathy subsequently cohabited with a third party in what the trial court found to…

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Opinion of the Court
BENTON, C.J.

BENTON, C.J.

Allan Edward Overton appeals the final judgment that denied his counter petition for modification of alimony. In denying the relief he sought, the trial court found that, although Kathy Lynn Overton, his former wife, cohabited with a third party, with whom she was in a supportive relationship within the meaning of section 61.14(l)(b), Florida Statutes (2010), the supportive relationship did not require or justify a reduction or termination of alimony because her “substantial needs” for economic support persisted. We affirm.

Mr. Overton argues that the trial court erred as ' a matter of law in failing to reduce or terminate the alimony award. In part, he relies on our opinion on Mrs. Overton’s appeal of the original alimony award, Overton v. Overton, 34 So.3d 759 (Fla. 1st DCA 2010) (Overton I), where we cited French v. French, 4 So.3d 5 (Fla. 4th DCA 2009). We said:

A supportive relationship is a relationship that “takes the financial place of a marriage and necessarily decreases the need of the obligee.” French, 4 So.3d at 6. Section 61.14(l)(b) recognizes the economic support that occurs when independent individuals cho[o]se to live together. Such support is equivalent to a marriage and requires a reduction in alimony. See id. at 8.

Overton I, 34 So.3d at 761. In Overton I, however, we had for decision only the question of whether the trial court had properly determined that Mrs. Overton was actually in a supportive relationship. Our citation to French in obiter dicta notwithstanding, we did not reach the question of whether a court must reduce or terminate alimony if it properly determines that a supportive relationship exists.

In fact, we had previously expressly held that, when deciding whether to reduce or terminate alimony under section 61.14(l)(b), the trial court must evaluate the parties’ economic circumstances in each case. See Bagley v. Bagley, 948 So.2d 841, 841 (Fla. 1st DCA 2007) (rejecting the former husband’s argument that “because it was shown that the [former wife] was in a ‘supportive relationship’ the court should not have considered [her] financial need in deciding whether to modify the alimony,” deciding instead that “financial circumstances remain pertinent”). See also Buxton v. Buxton, 963 So.2d 950, 953-56 (Fla. 2d DCA 2007) (holding that “[i]f the trial court concludes that a ‘supportive relationship’ exists, the trial court has the discretion to reduce or terminate the alimony obligation,” and that the economic factors enumerated in section 61.08(2) apply to modification proceedings under section 61.14(1)(b)).

In the present case, the trial court found that Mrs. Overton was in a supportive relationship, but also made detailed and extensive findings that the relationship had no net effect on her need for alimony. Under controlling authority, the *255trial court acted properly in “considering] [Mrs. Overton’s] financial need.” Bagley, 948 So.2d at 841. The parties’ financial circumstances remain pertinent when a supportive relationship exists. On this point, we agree with the Second District’s opinion in Baumann v. Baumann, 22 So.3d 719, 721 (Fla. 2d DCA 2009). See also Morris v. Morris, 42 So.3d 341 (Fla. 5th DCA 2010) (affirming exercise of discretion in terminating alimony for former spouse in a supportive relationship). We also certify conflict with French. The statute plainly contemplates an exercise of discretion: “The court may reduce or terminate an award of alimony upon specific written findings by the court that since the granting of a divorce and the award of alimony a supportive relationship has existed between the obligee and a person with whom the obligee resides.” § 61.14(1)(b)1., Fla. Stat. (2010) (emphasis supplied).

Affirmed, and conflict certified.

THOMAS and SWANSON, JJ., concur.


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Citator

Cited By

  • Murphy v. Murphy, 201 So. 3d 18 (Fla. 3d DCA 2013)
    …ts in the instant appeal, had separate residences, and there was no evidence that either was supporting the other, providing valuable services to the other, or providing support to the children of the other. Id. Subsequently, in Overton v. Overton, 92 So. 3d 253 (Fla. 1st DCA 2012) (“Overton II ”), the First District addressed whether the trial court may exercise its discretion as to whether to reduce or terminate alimony upon finding that the former spouse was in a supportive relationship. In reaching its…
  • Proveaux v. Proveaux (Fla. 1st DCA 2023)
    …rmer Husband’s argument that Former Wife no longer needed alimony because her net worth had increased as a result of funds from her retirement program. In finding that no supportive relationship exists, the trial court relied on Overton v. Overton, 92 So. 3d 253 (Fla. 1st DCA 2012) (Overton II)2 and French v. French, 4 So. 3d 5 (Fla. 4th DCA 2009). The order concludes that a supportive relationship does not exist “if there is no significant financial benefit conferred” and that the “First DCA ruled that a…

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