Downward Modification of Alimony

In the 2010 case of Wilson v. Wilson, 37 So.3d 877, The Second District Court of Appeal reduced the Wife's alimony because the Husband's income decreased.  

The Final Judgment awarded $11,000/month in alimony to the Wife. After a series of employees quit, the Husband was left to man his business alone and shortly thereafter, the Husband sold the practice to Veterinary Clinics of America. The trial court found that the Husband's decision to sell was prudent and necessary and that the Wife's need was not as high as originally calculated. As such, the trial court granted the requested downward modification and the District Court affirmed:

1. "Generally, to justify an alimony modification, the moving party must establish: (1) a substantial change in circumstances; (2) the change was not contemplated at the time of the final judgment of dissolution; and (3) the change is sufficient, material, permanent, and involuntary."

2. "The record supports the trial court's conclusion that business exigencies prompted the sale, the consideration received was reasonable, the sale enabled the Former Husband to continue working as a veterinarian until retirement age, and the sale proceeds ensured long-term security for both the Former Wife and the Former Husband."

3. "Although the Former Husband did not retire, we observe that involuntariness of income loss may no longer be a bright-line requirement for alimony modification . . . . Here, the trial court's finding that the Former Husband's decision to sell his practice was "prudent" satisfies the "reasonable" standard of Pimm and Rahn concerning that voluntary loss of income."

            4. "The trial court did not err in finding a number of the items [contained in the wife's financial affidavit] unnecessary and concluding that the former Wife did not need alimony of $11,000 per month."