For many couples, the creation of mutual agreements can be a useful and healthy way to resolve some or all of the issues outstanding in a divorce. However, even the most well thought out settlement agreements can be undone, in whole or in part, by the intrusion of unexpected life-changing events. When that happens, one spouse may need to ask the court for an order modifying an obligation like alimony, and to make that modification retroactive. To ensure a truly equitable outcome, it is important to get that date of retroactivity right. To make sure your alimony outcome is a just one, you should be sure you have a skilled South Florida family law attorney on your side.
One couple facing this issue of retroactive modification of alimony was J.N. and C.N. The Palm Beach County couple worked out a marital settlement agreement that, among other things, said that the husband would pay the wife alimony of $2,750 per month in years one and two, and then gradually decline to $1,000 per month in year eight.
Two months after the spouses reached this agreement, in January 2016, the husband encountered an allegedly unexpected surprise: he lost his job. He went back to court and asked the judge reduce the amount of his alimony based upon this change. At that time, the court had not entered a final order of dissolution, which was not entered until nine months later. A month after the judge entered the order, in November 2016, the husband filed an amended motion, again asking for a reduction in alimony.