Divorce spouses may make changes to settlement by agreement

In the case of Rickenbach v. Rickenbach, 32 So.3d 732 (Fla. 5th DCA 2010), the trial court failed to follow a written stipulation in the parties divorce case.  The Appellate Court reversed.

In 2003 the former trial judge ordered the Husband to pay rehabilitative alimony to the Wife for 36 months during which time she was to enter into and complete a dental hygienist program. The original judge also specifically denied permanent alimony because he considered the parties' ten year marriage to have been short-term. The Wife enrolled in the program and was advancing until the Husband undertook a series of actions specifically designed to undermine her progress (which were never explained in the opinion), which forced her to drop out of the program. The Wife then sought to have the rehabilitative alimony either extended or converted into an award of permanent alimony. Before the matter came to trial however, the parties stipulated that the Wife would not seek the extension; instead she would seek only the conversion to permanent alimony. Neither party, however, told the trial judge about their stipulation. At the conclusion of the trial, the successor judge awarded an extension of rehabilitative alimony and specifically denied a conversion to permanent based on res judicata (i.e., the original trial judge had denied the award). Both parties then moved for rehearing and explained that neither wanted the extension. The judge denied rehearing and the District Court held:

1. "This is a troubling case. It is troubling because the trial judge fashioned a fair and equitable result after carefully considering the evidence presented to him. Unfortunately, it appears that the relief fashioned was not what either party wanted, and neither seems to have told the court during the course of the trial that the request for the relief that was granted had been withdrawn by stipulation. Thus, we are compelled to reverse."

2. "We begin by noting that in every case the issues in a cause are made solely by the pleadings…. [T]he parties here had a clear procedural foundation allowing them to amend the former wife's claim by a written stipulation, even without leave of court."

3. "Furthermore, stipulations narrowing the issues, or as in this case, modifying the former wife's supplemental counter-petition so as to drop her alternative request to extend her rehabilitative alimony plan, are of value to the legal system as they simplify the issues, limit or shorten litigation, save costs to the parties, and preserve judicial economy and resources."