PAMELA T. WIESENFELD, FORMER WIFE, APPELLANT,
v.
DAVID MATTHEW WIESENFELD, FORMER HUSBAND, APPELLEE
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A Florida appellate court affirmed a trial court's termination of permanent periodic alimony based on the former wife's receipt of a substantial inheritance, which constituted a substantial change in circumstances. However, the court reversed the portion requiring retroactive reimbursement of alimony payments received before the inheritance was actually received, requiring proper findings of the former wife's ability to self-support during the interim period.
The court affirmed the termination of alimony based on the substantial, material, and involuntary change in the former wife's circumstances (the inheritance), finding no abuse of discretion. However, the court reversed the requirement that the former wife reimburse the former husband for alimony payments received before June 2010, absent findings demonstrating her ability to self-support during the interim period between the petition filing and inheritance receipt.
[1] A substantial, material, unanticipated, involuntary, and permanent change in a former spouse's financial circumstances can justify modification of alimony.
[2] Receiving a substantial inheritance can constitute a substantial change in financial circumstances justifying the termination of permanent periodic 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“The former husband, as the petitioner, met his burden to show a substantial, material, unanticipated, involuntary, and permanent change in the former wife's financial circumstances.”
Establishes the standard for modifying alimony and confirms the trial court properly found such a change based on the inheritance.
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Join FLexlaw to unlock all legal intelligenceThe former husband petitioned to modify and terminate permanent periodic alimony to his former wife. The trial court found that the former wife receiv…
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The former wife appeals a final modification judgment that granted the former husband’s petition for modification and terminated the former wife’s permanent periodic alimony retroactively to the filing date of the petition. We affirm the modification judgment in part, reverse in part, and remand with instructions to vacate only that part of the judgment requiring the former wife to reimburse the former husband for alimony payments she received before becoming self-supporting.
The former husband, as the petitioner, met his burden to show a substantial, material, unanticipated, involuntary, and permanent change in the former wife’s financial circumstances. § 61.14(1), Fla. Stat. (2010); Pimm v. Pimm, 601 So.2d 534, 536 (Fla.1992). Competent, substantial evidence in the record supports the trial court’s findings that the former wife remains able to perform the duties of a paralegal, and that her receiving a substantial inheritance from her parent will *961allow her to become self-supporting. Selembo v. Selembo, 591 So.2d 1112, 1113 (Fla. 2d DCA 1992) (concluding that former wife’s receiving a large inheritance was a substantial change in circumstances justifying termination of her permanent periodic alimony); Bedell v. Bedell, 523 So.2d 166 167-68 (Fla. 1st DCA 1988) (concluding that the former wife’s receiving an inheritance from both parents was a substantial change in circumstances that might warrant a downward modification of alimony paid by the former husband). We find no abuse of discretion in the court’s decision to terminate alimony without reserving jurisdiction over the issue of alimony or awarding a nominal amount.
One part of the modification ruling requires reversal, however. The record supports the court’s determination that the former wife received her inheritance in June 2010. This was the requisite change in financial circumstances. The court ordered the revocation of alimony to be retroactive to the February 2010 filing date of the petition for modification, rather than effective upon the receipt of the inheritance. We review for an abuse of discretion the decision to revoke alimony retroactively. Vitro v. Vitro, — So.3d —, 2012 WL 2012458 (Fla. 4th DCA 2012); Cleary v. Cleary, 872 So.2d 299, 303 (Fla. 2d DCA 2004). Permanent alimony is based on the concept the requesting party cannot be self-supporting. Griffith v. Griffith, 528 So.2d 1325, 1326 (Fla. 5th DCA 1988). Therefore, where alimony or its modification is at issue, the trial court must determine the payee’s actual financial need. Potter v. Potter, 477 So.2d 67, 68 (Fla. 1st DCA 1985). A trial court is authorized to modify alimony retroactively to the filing date of the petition for modification “as equity requires, giving due regard to the changed circumstances or the financial ability of the parties.” § 61.14(1).
Absent any findings of fact demonstrating the former wife was capable of self-support during the interim between the petition filing date and the date when she received the inheritance, we reverse that part of the order that required the former wife to reimburse the former husband for alimony payments she received for the months before June 2010. See Suarez v. Sanchez, 43 So.3d 118, 123 (Fla. 3d DCA 2010) (finding the trial court erred in decreasing former husband’s permanent periodic alimony obligation as of a date before the substantial, permanent change in circumstances, his retirement, occurred). On remand, the trial court may implement the revocation of alimony retroactively upon proper findings relating to the former wife’s ability to support herself.
AFFIRMED in part, REVERSED in part, and REMANDED with instructions.
PADOVANO, ROWE, and RAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fischer v. Fischer, 195 So. 3d 1170 (Fla. 4th DCA 2016)…d inherited substantial assets. See Jarrard v. Jarrard, 157 So. 3d 332, 339 (Fla. 2d DCA 2015) (holding that a permanent change in income constitutes a substantial change in circumstances justifying a reduction of alimony); Wiesenfeld v. Wiesenfeld, 95 So. 3d 959, 960-61 (Fla. 1st DCA 2012) (holding that receipt of a large inheritance constitutes a substantial change in circumstances justifying termination of permanent alimony). Accordingly, Former Husband presented a prima facie case establishing Former Wif…
Authorities Cited
- Pimm v. Pimm, 601 So. 2d 534 (Fla. 1992)
- Cleary v. Maria Tereza De Castelo Branco Ferreira Cleary, 872 So. 2d 299 (Fla. 2d DCA 2004)
- Bedell v. Bettie Moor Bedell, 523 So. 2d 166 (Fla. 1st DCA 1988)
- Potter v. Potter, 477 So. 2d 67 (Fla. 1st DCA 1985)
- Concepcion Suarez v. Sanchez, 43 So. 3d 118 (Fla. 3d DCA 2010)
- Griffith v. Griffith, 528 So. 2d 1325 (Fla. 5th DCA 1988)
- Selembo v. Selembo, 591 So. 2d 1112 (Fla. 2d DCA 1992)