Florida District Courts of Appeal, 2018

Millan v. Millan

Millan v. Millan
Florida District Courts of Appeal · Decided February 14, 2018 · Northcutt
241 So. 3d 913 (Southern Reporter, Third Series)

Millan v. Millan

Opinion of the Court

NORTHCUTT, Judge.

In this appeal and cross-appeal from the final order in these postdissolution modification and contempt proceedings, we affirm in all respects save one. During the parties' long-term marriage, the former wife suffered a stroke from which she suffers a permanent impairment and ongoing health issues that significantly hinder her ability to maintain employment. In light of the former wife's severely diminished financial capability-which is exacerbated by the ordered reduction in her ongoing alimony income-the circuit court abused its discretion by giving retroactive effect to *914the alimony modification so as to charge her with an obligation resulting from past overpayments by the former husband. See Gurdian v. Gurdian, 198 So.3d 65, 68-69 (Fla. 2d DCA 2015). Insofar as the order modifies the former husband's alimony obligation retroactively, it is reversed. The order is otherwise affirmed.

Affirmed in part; reversed in part.

KELLY and BLACK, JJ., Concur.

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