ANDREW F. GREGORY, JR., APPELLANT,
v.
NANCY ANN GREGORY, APPELLEE
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A former husband appealed the trial court's denial of his request to terminate alimony to his former wife of a 16-year marriage. The appellate court reversed, finding insufficient evidence supporting the former wife's continued need for alimony in light of her substantial inherited wealth and cohabitation with a supportive partner.
The court reversed and remanded, holding that the final order lacked competent, substantial evidence supporting the former wife's continued need for alimony. Once a supportive relationship was established, the burden shifted to the former wife to prove continued need, which she failed to satisfy given her substantial inherited funds and enhanced lifestyle.
[1] A trial court's factual findings regarding alimony are reviewed for competent, substantial evidence.
[2] Upon a finding of a supportive relationship, the burden of proof for continued need for alimony shifts to the recipient spouse.
Previewing 2 of 6 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“Here, the court properly found the existence of a supportive relationship. At that point, the burden of proof of the continued need for alimony shifted to the former wife.”
Establishes that once supportive relationship is found, the burden shifts to the alimony recipient to prove continued need for support.
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Join FLexlaw to unlock all legal intelligenceThe parties' marriage dissolved in 1988, when the former wife was awarded $650 monthly in permanent alimony. In 2012, the former husband requested ter…
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The former husband, Andrew F. Gregory, Jr., appeals from a final order denying his request to terminate his alimony obligation to the former wife, Nancy Ann Gregory. We agree with the former husband that the final order is not founded on competent, substantial evidence supporting *927the former wife’s continued need for alimony, and reverse.
The final judgment, dissolving the parties’ sixteen-year marriage, was entered in 1988. At that time, the former wife was awarded $650 per month in permanent periodic alimony. Twenty-nine years later, in 2012, the former husband requested that the trial court reduce or terminate the alimony award, alleging, that while he had retired, substantially reducing his income, the former wife’s lifestyle had been significantly enhanced as she had received substantial inheritance funds from the estates of her deceased mother and daughter, and was residing with a cohabitant, enjoying a supportive relationship. As a result, the former husband maintained that the former wife did not have a continued need for alimony. Following an evidentiary hearing, the trial judge found that the former wife was living in a “supportive relationship,” and that she had inherited $30,000 from the daughter’s estate, which she then gifted to her son. Based solely on that inheritance, the trial court reduced the former husband’s alimony obligation to $450 per month.
A review of a trial court’s decision under section 61.14(l)(b), Florida Statutes (2012), is a mixed question of law and fact that requires a mixed standard of review. See Buxton v. Buxton, 963 So.2d 950, 953 (Fla. 2d DCA 2007). The trial court must make factual findings and determine whether those facts establish a “supportive relationship.” This determination requires an interpretation of the statute and an application of the law to the facts. Id. If the trial court concludes that a “supportive relationship” exists, it has the discretion to reduce or terminate the alimony obligation. Id. As a result, we review the trial court’s factual findings to determine whether they are supported by competent, substantial evidence, but the trial court’s interpretation and application of the law should be reviewed de novo. If the court decides that a supportive relationship exists, we review the court’s decision to reduce or terminate alimony for an abuse of discretion. See King v. King, 82 So.3d 1124,1129 (Fla. 2d DCA 2012); Bux-ton, 963 So.2d at 953.
Here, the court properly found the existence of a supportive relationship. At that point, the burden of proof of the continued need for alimony shifted to the former wife. See Baumann v. Baumann, 22 So.3d 719, 720-21 (Fla. 2d DCA 2009). But see French v. French, 4 So.3d 5, 6-7 (Fla. 4th DCA 2009). The former wife failed to satisfy that burden. The record lacks competent substantial evidence that the former wife still needs financial support from the former husband. The evidence clearly established that the former wife supports the cohabitant to a certain extent. The former husband is under no obligation to help support the former wife’s cohabitant. Further, the trial court failed to consider the cohabitant’s valuable, non-economic services to the former wife. Moreover, the trial court did not consider an additional $370,000 that the former wife inherited from her mother. These funds were used in part to enhance the former wife’s lifestyle from that enjoyed during the parties’ marriage, and to purchase a $44,000 recreational vehicle, which was titled jointly with the cohabitant. This, coupled with her ability to make substantial gifts ($30,000 to her son and a half interest in the $44,000 recreational vehicle to the cohabitant), demonstrates that the former wife no longer needs alimony.
For these reasons, we conclude that the final order lacks competent substantial evidence to support the former wife’s continued need for alimony. Therefore, we reverse and remand for the trial court to *928enter an order terminating the former husband’s alimony obligation.
REVERSED and REMANDED.
ORFINGER, LAWSON and EVANDER, JJ., concur.
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Bruce v. Bruce, 243 So. 3d 461 (Fla. 5th DCA 2018)
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Klokow v. Tonia SUE Klokow, 323 So. 3d 817 (Fla. 5th DCA 2021)…en the former wife and Gutauckis. We conclude that the trial court’s factual findings are supported by competent, substantial evidence, and thus we review, de novo, its legal conclusion that a supportive relationship exists. See Gregory v. Gregory, 128 So. 3d 926, 927 (Fla. 5th DCA 2013) (observing mixed question of law and fact involved in review of determination of supportive relationship). Here, the trial court conducted a thorough and careful analysis of the factors under section 61.14(1)(b), Florida St…
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Dena Spector v. Spector (Fla. 3d DCA 2023)…novo). Finally, ---PAGE 5--- if a trial court finds the existence of a “supportive relationship” under section 61.14(1)(b), a trial court’s decision to reduce or terminate alimony is reviewed for an abuse of discretion. See Gregory v. Gregory, 128 So. 3d 926, 927 (Fla. 5th DCA 2013); Buxton v. Buxton, 963 So. 2d 950, 953 (Fla. 2d DCA 2007) (“If the trial court determines that a ‘supportive relationship’ exists, we review the trial court’s decision to reduce or terminate alimony for abuse of discreti…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Buxton v. Buxton, 963 So. 2d 950 (Fla. 2d DCA 2007)
- French v. French, 4 So. 3d 5 (Fla. 4th DCA 2009)
- King v. King, 82 So. 3d 1124 (Fla. 2d DCA 2012)
- Baumann v. Faye Baumann, 22 So. 3d 719 (Fla. 2d DCA 2009)