JERRY G. HAGEN, APPELLANT,
v.
SHIRLEY FRANCES HAGEN, APPELLEE
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.
In this divorce modification case, Jerry Hagen sought to terminate his obligation to pay his ex-wife $583.33 monthly alimony and to cover her medical and dental expenses under a 1966 divorce decree. The court affirmed the trial court's denial of his modification petition, finding that his increased salary and the ex-wife's inability to maintain the marital standard of living justified continued alimony payments.
The court affirmed the denial of the ex-husband's modification petition, holding that the trial court did not abuse its discretion because the ex-husband's increased salary and ability to pay, combined with the ex-wife's inability to maintain the marital standard of living despite her current employment, justified continuation of the $583.33 monthly alimony payments.
[1] A party seeking modification of an alimony award based on a prior agreement bears a heavier burden than in other modification cases.
[2] The primary criteria for establishing alimony are the payor's ability to pay and the recipient's needs, considering the marital standard of living.
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“the primary criteria to be used in establishing the amount of alimony is the husband's ability to pay the needs of the wife, taking into consideration the standard of living by the parties to the marriage”
Establishes the fundamental legal standard for determining alimony amounts in Florida
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe parties divorced in 1966 under a property settlement agreement requiring the ex-husband to pay $583.33 monthly alimony and maintain medical insura…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Alimony Criteria cases and more on FLexlaw
[*42] PER CURIAM.
Petitioner-appellant seeks review of a final order and judgment denying his petition for modification of a final decree of divorce pertaining to the payment of monthly alimony to his ex-wife.
The parties to this action were divorced in 1966. The divorce decree incorporated a property settlement agreement which provided, inter alia, that petitioner, ex-husband, pay to his ex-wife $583.33 per month as alimony and keep her covered with medical insurance and pay her medical and dental expenses.
In' October 1973, petitioner-appellant, filed his petition for the modification of the 1966 divorce decree wherein he sought to have terminated the above two provisions. Thereafter, appellee, ex-wife, also filed a petition for modification of final divorce decree wherein she prayed for an increase in the amount of monthly alimony payments and reasonable attorney’s fees.
After a full evidentiary hearing on these ’ petitions for modification, the chancellor entered his order denying both petitions and further denied the prayer of appellee, ex-wife, for attorney’s fees and costs. Appellant filed a motion for rehearing and after hearing oral argument from counsel of both parties, the chancellor entered an order denying the same but terminated the responsibility of appellant, ex-husband, to take care of all dental and medical expenses and any medical insurance to and for the benefit of his ex-wife. This appeal followed.
Appellant, ex-husband first contends that the court erred in refusing his request to have his ex-wife file a financial affidavit pursuant to RCP 1.611(a).
After a review of the record on appeal, we find that evidence as to the financial condition of both parties was presented to the court and therefore we conclude this point of appellant is without merit.
Appellant also urges as error the denial of his petition to terminate the monthly alimony payments to his ex-wife.
Notwithstanding the “no fault divorce” act in general, the primary criteria to be used in establishing the amount of alimony is the husband’s ability to pay the needs of the wife, taking into consideration the standard of living by the parties to the marriage. Carmel v. Carmel, Fla.App. 1973, 282 So. 2d 6; Sharpe v. Sharpe, Fla. App.1972, 267 So. 2d 665. Further, where the amount of alimony is based upon agreement like in the case sub judice, a heavier burden rests upon a party seeking a modification than would otherwise be required. Additionally, the court should consider the intent of the parties in making their property settlement and support agreement and its value as a starting point from which to measure change. Scott v. Scott, Fla.App. 1973, 285 So. 2d 423, and cases cited therein.
Turning to the instant case in light of the above principles of law, we cannot say that the chancellor abused his discretion in denying appellant’s petition to terminate his obligation to pay his ex-wife $583.33 per month as alimony. For although appellant’s ex-wife currently is employed, she is unable to maintain the life style during her marriage to the appellant whereas appellant’s salary has increased since the entry of the divorce decree and he has the financial ability to make the monthly alimony payments. Cf. Carmel v. Carmel, supra. Thus, this point of appellant must fail.
We have also considered appellant’s ex-wife’s cross-appeal from the orders denying her petition for modification and relieving appellant from the responsibility of maintaining medical insurance and taking care of all dental and medical expenses for his ex-wife and find the cross-appeal to be without merit.
Accordingly, the final orders herein appealed are affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Martinez v. Martinez, 383 So. 2d 1153 (Fla. 3d DCA 1980)…ttlement agreement incorporated into a final judgment of dissolution absent a showing of a change in circumstances of the parties. Frizzell v. Bartley, 372 So. 2d 1371 (Fla.1979); White v. White, 338 So. 2d 883 (Fla.3d DCA 1976); and Hagen v. Hagen, 308 So. 2d 41 (Fla.3d DCA 1975). The trial court said it was modifying the agreement because the husband had previously overpaid the wife in connection with other obligations. This' finding does not meet the standard of changed circumstances required by law. II…
-
Bess v. Bess, 471 So. 2d 1342 (Fla. 3d DCA 1985)…justify a modification. Brooks v. Brooks, 423 So. 2d 995 (Fla. 3d DCA 1982); Rubin v. Rubin, 418 So. 2d 1065 (Fla. 3d DCA 1982); Schottenstein v. Schottenstein, 384 So. 2d 933 (Fla. 3d DCA), review denied, 392 So. 2d 1378 (Fla.1980); Hagen v. Hagen, 308 So. 2d 41 (Fla. 3d DCA 1975). While the record shows that Mrs. Bess proved her ex-husband’s ability to pay additional alimony, we find that there is competent substantial evidence to support a finding that she did not demonstrate her need for increased paymen…
-
Mosher v. Mosher, 321 So. 2d 450 (Fla. 2d DCA 1975)…71, more than two years after the final judgment herein. . See Friedly v. Friedly (Fla.App.2d, 1974), 303 So. 2d 50; Carmel v. Carmel (Fla.App.3d, 1973), 282 So. 2d 6. . (Fla.App.2d, 1975), 307 So. 2d 241. . Cf. Hagen v. Hagen (Fla.App.3d, 1975), 308 So. 2d 41. . Cf. Osman v. Osman (Fla.App.3d, 1973), 280 So. 2d 67.…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Scott v. Scott, 285 So. 2d 423 (Fla. 2d DCA 1973)
- Rebia Gladys Sharpe v. Sharpe, 267 So. 2d 665 (Fla. 3d DCA 1972)
- Carmel v. Carmel, 282 So. 2d 6 (Fla. 3d DCA 1973)