4D06-3860-French v. French

State: Florida

Court: Florida Southern District Court

Docket No: 4D06-3860.op.Rhrg

Case Date: 01/21/2009

Plaintiff: 4D06-3860-French

Defendant: French

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
January Term 2009

DAVID E. FRENCH, Appellant, v. GAYLE E. FRENCH, n/k/a. GAYLE E. SMITH, Appellee. No. 4D06-3860 [January 21, 2009] ON MOTION FOR REHEARING MAY, J. On motion for rehearing, the former husband has called our attention to distinctions between this case and our opinion in Linstroth v. Dorgan, 33 Fla. L. Weekly D1520 (Fla. 4th DCA June 11, 2008). For the reasons which follow, we grant the motion for rehearing, vacate our previously issued opinion, and substitute the following. The parties were divorced in 1988. In the final judgment, the trial court awarded the former wife permanent periodic alimony of $4,000 a month. In 1993, the former husband requested a reduction in alimony based upon the former wife's cohabitation with Mr. Bradford. The court granted the modification based upon a substantial change in circumstances and reduced the monthly alimony to $3,400. In 2005, th e former husband filed a supplemental petition for modification, seeking to reduce or terminate alimony based upon the former wife's continued, long-term relationship with Mr. Bradford. The former wife filed a counter-petition seeking to increase the alimony payments. After finding that a supportive relationship existed between the former wife and Mr. Bradford, the trial court denied both motions. From this order, the former husband appealed. He argues that the trial court erred in failing to reduce or terminate alimony payments. We agree and reverse.

Section 61.14(1)(b)1., Florida Statutes (2006) provides for the reduction or termination of alimony "upon specific written findings by the court that since the granting of a divorce and the award of alimony a supportive relationship has existed between the obligee and a person with whom the obligee resides." The obligor bears the burden "to prove by a preponderance of the evidence that a supportive relationship exists." Id. The statute then provides a non-exclusive list of eleven factors to be considered by the trial court in determining the existence of a supportive relationship.

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