Good Faith is a Key Test in Determining Alimony in Florida
Good faith is a founding principle of the law including in the determination of spousal support commonly referred to as alimony. Below is Florida case law discussing the need for parties to act in good faith relating to alimony issues ranging from returning income to prior levels and to finding employment that was comparable to previous employment.
Update: A change in the law eliminated permanent alimony for cases filed on or after July 1, 2023. This is why we say these articles are for informational purposes only and should not be relied upon as legal advice. Florida law is always changing and the facts of each case are unique, which can impact the outcome of a case. Therefore, we strongly recommend talking with an experienced Florida lawyer to learn your rights. Learn more about the changes to permanent alimony in Florida and how we can help.
Manfre v. Manfre
District Court of Appeal of Florida, Fourth District – February 10, 2016 – 189 So.3d 197
Summary of Facts: For alimony purposes, voluntary underemployment occurs when a spouse does not put forth a good faith effort to find a position that is comparable to previous employment which was terminated.
Headline: Spousal Support. The trial court was required to impute income to wife, when determining alimony award in dissolution proceeding.
Vitro v. Vitro
District Court of Appeal of Florida, Fourth District – June 6, 2012 – 122 So.3d 382
Summary of Facts: “Voluntary underemployment” occurs, in determining imputation of income for alimony purposes, when a spouse does not put forth a good faith effort to find a position that is comparable to previous employment which was terminated.
Headline: Spousal Support. Record did not support court’s findings that retroactive alimony should relate back to date when parties separated.
Arce v. Arce
District Court of Appeal of Florida, Third District – July 17, 1990 – 566 So.2d 1308
Summary of Facts: Spouse who suffers temporary reduction in income to complete education has not voluntarily reduced income, and spouse who demonstrates good faith and whose conduct is reasonably calculated to ensure future economic well-being of persons to whom duty of support is owed may be temporarily excused from having attributed to him or her the income which he or she is capable of earning but is currently not earning.
Headline: On consolidated appeal from the Circuit Court, Dade County, Martin Greenbaum, J., of final judgment of dissolution of marriage and order of contempt, the District Court of Appeal,…
Layeni v. Layeni
District Court of Appeal of Florida, Fifth District – February 28, 2003 – 843 So.2d 295
Summary of Facts: Former wife presented an adequate rehabilitative plan for purpose of her request for rehabilitative alimony at final dissolution hearing through her testimony and testimony of her witnesses, despite her failure to present any written rehabilitative plan at hearing; wife testified that although she attempted to become employed as cardiology technician, her efforts were unsuccessful, and thus she decided to go to college to become medical records coder, wife’s college counselor testified that wife took remedial course and then enrolled in more courses, and therapist testified that wife made good faith effort at schooling, but that it had been difficult for her.
Headline: Equitable Distribution. Value of ex-husband’s accounts receivable could be included in determining value of his medical practice.
Layeni v. Layeni
District Court of Appeal of Florida, Fifth District – February 28, 2003 – 843 So.2d 295
Summary of Facts: Former wife presented an adequate rehabilitative plan for purpose of her request for rehabilitative alimony at final dissolution hearing through her testimony and testimony of her witnesses, despite her failure to present any written rehabilitative plan at hearing; wife testified that although she attempted to become employed as cardiology technician, her efforts were unsuccessful, and thus she decided to go to college to become medical records coder, wife’s college counselor testified that wife took remedial course and then enrolled in more courses, and therapist testified that wife made good faith effort at schooling, but that it had been difficult for her.
Headline: Equitable Distribution. Value of ex-husband’s accounts receivable could be included in determining value of his medical practice.
Vance v. Vance
Supreme Court of Florida – June 21, 1940 – 143 Fla. 513
Summary of Facts: Where there is no property settlement or other impediment, the remarriage of a divorced wife generally relieves the former husband from paying alimony; but, where a property settlement was in good faith entered into and it is shown that it was intended as a release of all claims of each against the other, including that for alimony, and one or both parties have acted in reliance on the settlement, it should not be disturbed merely because one of the parties has remarried. F.S.A. §65.15.
Headline: Suit for divorce by Ann Clark Vance against John R. Vance. A final decree of divorce incorporating a property settlement agreement was granted to plaintiff, and, from a judgment granting…
Costa v. Costa
District Court of Appeal of Florida, Second District – March 5, 1971 – 245 So.2d 123
Summary of Facts: Where husband and wife entered into stipulation after wife filed her complaint pursuant to which husband agreed to pay $10 per week for support of wife and $15 per week for support of each of three children, and stipulation was entered into in good faith, free from fraud, deceit, coercion, trickery, or overreaching, trial judge should not have increased award for alimony and child support to $70 per week, and in any event judge should have designated what portion of the $70 was to be for child support and what portion was to be for alimony.
Headline: Divorce action by wife. The Circuit Court, Pinellas County, Charles R. Holley, J., granted wife a divorce, custody of three children, and alimony and child support and husband appealed. The…
Laliberte v. Laliberte
District Court of Appeal of Florida, Fifth District – August 22, 1997 – 698 So.2d 1291
Summary of Facts: Ex-husband suffered substantial change in circumstances that was involuntary, and thus, ex-husband was entitled to modification of alimony and child support, where assets of business ex-husband purchased were grossly overstated and ex-husband acted in good faith to obtain employment and income that would allow him to meet his financial obligations.
Headline: Spousal Support. Ex-husband suffered substantial change in circumstances that was involuntary.
Hedstrom v. Hedstrom
District Court of Appeal of Florida, Fifth District – October 18, 2013 – 123 So.3d 150
Summary of Facts: A temporary modification of alimony is appropriate where the court determines that the obligor has suffered a reduction in income without deliberately seeking to avoid paying alimony and is acting in good faith to return his income to its previous level.
Headline: Spousal Support. Former husband had ability to pay alimony, as originally ordered, until start of first calendar year following divorce.
Mendes v. Mendes
District Court of Appeal of Florida, Fourth District – May 24, 2006 – 947 So.2d 450
Summary of Facts: The trial court can consider and grant a good faith modification of permanent alimony where earnings fluctuations have produced a temporary inability to pay, to be reviewed periodically by the court as changing conditions dictate.
Headline: Spousal Support. Evidence did not support finding of substantial, involuntary, permanent reduction in income, so as to discharge permanent alimony.
McIntosh v. McIntosh
District Court of Appeal of Florida, Fifth District – December 9, 2005 – 915 So.2d 742
Summary of Facts: A temporary modification of alimony is appropriate where the court determines that the obligor has suffered a reduction in income without deliberately seeking to avoid paying alimony and is acting in good faith to return his income to its previous level.
Headline: Spousal Support. Divorced father whose income fell from $143,000 to $84,300 was entitled to temporary modification of his support obligations.
Dervishi v. Dervishi
District Court of Appeal of Florida, Fourth District – June 8, 2005 – 905 So.2d 932
Summary of Facts: “Good faith test” for temporary relief from alimony is based on a temporary change in the obligor’s financial circumstances; more specifically, such modification is appropriate where the court determines the obligor has suffered a reduction in income without deliberately seeking to avoid paying alimony and is acting in good faith to return his income to its previous level.
Headline: Spousal Support. Trial court abused its discretion in modifying rehabilitative alimony retroactively only.
Rahn v. Rahn
District Court of Appeal of Florida, Second District – May 17, 2000 – 768 So.2d 1102
Summary of Facts: Failing to apply good faith test that allows for temporary reduction in alimony based on temporary change in circumstances was not erroneous, where ex-husband never requested temporary modification, but maintained that loss of employment was permanent.
Headline: Spousal Support. Ex-husband’s assertion that his loss of employment was permanent was unreasonable.
Rahn v. Rahn
District Court of Appeal of Florida, Second District – May 17, 2000 – 768 So.2d 1102
Summary of Facts: Under the good faith test, a court will grant a temporary reduction or suspension in alimony when the obligor has suffered a reduction in income without deliberately seeking to avoid paying alimony and is acting in good faith to return his income to its previous level.
Headline: Spousal Support. Ex-husband’s assertion that his loss of employment was permanent was unreasonable.
Kinne v. Kinne
District Court of Appeal of Florida, Second District – May 1, 1992 – 599 So.2d 191
Summary of Facts: If ex-husband who is engaged in new type of employment with substantially reduced income did not deliberately reduce his income to avoid compliance with his alimony obligation and is acting in good faith to increase his income back toward its previous level, his alimony obligation should be reduced to be more commensurate with his current ability to pay.
Headline: Ex-husband petitioned to modify alimony. The Circuit Court, Pinellas County, Howard P. Rives, J., reduced ex-husband’s monthly alimony obligation by approximately $150, and…
Zipperer v. Zipperer
District Court of Appeal of Florida, First District – September 4, 1990 – 567 So.2d 916
Summary of Facts: Substantial change in circumstances existed justifying modification of alimony award to wife, who was unable to live in manner even nearly approximating that which she enjoyed during 25-year marriage on present alimony award, despite good-faith efforts on her part to supplement her income in light of husband’s enhanced standard of living with corresponding increase in income and mutual funds.
Headline: Wife sought modification of alimony award based on substantial change in circumstances subsequent to entry of divorce judgment. The Circuit Court, Duval County, Charles O. Mitchell,…
Fort v. Fort
Supreme Court of Florida, Division B – October 31, 1956 – 90 So.2d 313
Summary of Facts: Where parties have simply agreed on amount of monthly alimony payments, in satisfaction of husband’s common law obligation of support of wife, wife should be required to accept lesser sum, temporarily, during such time as her former husband is establishing himself in a new type of employment, entered into in good faith, without requiring him to dissipate his capital assets to meet monthly support obligation to his former wife. F.S.A. § 65.15.
Headline: Proceeding upon petition of former husband for reduction of alimony payments which had been based on terms of prior separation agreement. The Circuit Court for Marion County, Stanley…
Saez-Ortiz v. Saez-Ortiz
District Court of Appeal of Florida, Fifth District – May 10, 1990 – 560 So.2d 1375
Summary of Facts: In determining whether modification of rehabilitative alimony is warranted, court should consider the spouse’s progress towards achieving financial independence, spouse’s health, existence of any disabilities, market for the spouse’s skills, and whether additional training is required; court should also consider the paying spouse’s ability to continue the alimony payments and the receiving spouse’s good-faith efforts to rehabilitate himself or herself.
Headline: Former wife appealed from order of the Circuit Court, Brevard County, Martin Budnick, J., which denied request to extend rehabilitative alimony or to convert it to permanent periodic…
Blumberg v. Blumberg
District Court of Appeal of Florida, Third District – December 5, 1989 – 561 So.2d 1187
Summary of Facts: Health, disabilities, and job market for skills of spouse seeking extension of rehabilitative alimony period are relevant factors in determining whether self-sufficiency has been attained as is good-faith efforts toward rehabilitation; economically advantaged spouse’s ability to continue alimony payments should also be considered.
Headline: Wife petitioned to extend rehabilitative alimony period. The Circuit Court, Dade County, Richard Yale Feder, J., denied petition, and wife appealed.
Reaves v. Reaves
District Court of Appeal of Florida, Second District – November 6, 1987 – 514 So.2d 1147
Summary of Facts: Former wife was entitled to hearing on her petition for continuation of rehabilitative alimony to permit consideration of her progress toward achieving financial independence, her health, existence of any disabilities, market for her skills, whether additional training was required, former husband’s ability to continue alimony payments, and former wife’s good-faith efforts to rehabilitate herself.
Headline: Former wife filed petition seeking continuation of rehabilitative alimony. The Circuit Court, Pinellas County, James B. Sanderlin, J., granted former husband’s motion for summary…
Valby v. Valby
District Court of Appeal of Florida, Fourth District. April 28, 2021 – 317 So.3d 147
Summary of Facts: For purposes of modification of alimony, while a spouse receiving alimony should not be penalized for bettering herself or himself, neither should a spouse who agrees to an amount of permanent alimony based on his good faith assumption that the other spouse is genuinely unemployable based on her past patterns be penalized when the facts underlying the assumption change. Fla. Stat. Ann. § 61.14.
Headline: Spousal Support. Former wife’s return to work was substantial, unforeseen change in circumstances that warranted modification of her alimony award.
Ledbetter v. Bell
District Court of Appeal of Florida, Fourth District – August 2, 1995 658 So.2d 1146
Summary of Facts: Where supporting parent or former spouse decides to forego present higher salary to pursue career enhancement training and education at lower salary, trial court must decide whether that parent or spouse is “voluntarily underemployed” within meaning of support statute, such that additional income may be imputed to him or her; trial court must determine whether reduction in income is in good faith and reasonably calculated to ensure future economic well-being of both payor and persons to whom duty of support is owed, and whether participation in program is reasonable, in view of amount of money supporting spouse will earn during reduction and effect thereof on his or her ability to meet current support needs of spouse or dependent children. West’s F.S.A. §61.30(2)(b).
Headline: Fact that reduction in income was attributable to participation in educational enhancement program would not necessarily preclude imputing additional income.
Hedstrom v. Hedstrom
District Court of Appeal of Florida, Fifth District – October 18, 2013 – 123 So.3d 150
Summary of Facts: A temporary modification of alimony is appropriate where the court determines that the obligor has suffered a reduction in income without deliberately seeking to avoid paying alimony and is acting in good faith to return his income to its previous level.
Headline: Spousal Support. Former husband had ability to pay alimony, as originally ordered, until start of first calendar year following divorce.
Simpson v. Simpson
District Court of Appeal of Florida, Fourth District – August 24, 2011 – 68 So.3d 958
Summary of Facts: If a permanent modification of alimony is not warranted, a court may temporarily relieve the moving party from his alimony obligations under the good faith test.
Headline: Contempt. Husband’s failure to pay wife’s car loan could not be remedied by a contempt order.
Simpson v. Simpson
District Court of Appeal of Florida, Fourth District – August 24, 2011 – 68 So.3d 958
Summary of Facts: Temporary modification of alimony is appropriate when the court determines that the moving party has suffered a reduction in income without deliberately seeking to avoid paying alimony and is acting in good faith to return his income to its previous level.
Headline: Contempt. Husband’s failure to pay wife’s car loan could not be remedied by a contempt order.
Dervishi v. Dervishi
District Court of Appeal of Florida, Fourth District – June 8, 2005 – 905 So.2d 932
Summary of Facts: Trial court abused its discretion, in proceedings on former husband’s petition for modification of rehabilitative alimony, in modifying alimony retroactively only, absent any evidence suggesting that former husband’s ability to pay had increased since period for which trial court granted relief from alimony, where trial court explicitly found that former husband did not deliberately reduce his income to avoid compliance with his alimony obligation and was acting in good faith to increase his income over and above its previous level.
Headline: Spousal Support. Trial court abused its discretion in modifying rehabilitative alimony retroactively only.
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