Legal Opinion

Smith v. Smith

District Court of Appeal of Florida

Decided March 20, 2013No. 4D11-4462PublishedCited by 2 opinions

1Opinion of the CourtDamoorgian, J.

In this appeal, the issue before us is whether a party to a marital settlement agreement may seek to terminate or modify an obligation to pay alimony by invoking Florida’s supportive relationship statute section 61.14, Florida Statutes (2011),1 notwithstanding the party’s express agreement to the contrary. We hold that a party to a marital settlement agreement may not invoke Florida’s supportive relationship statute in order to modify or terminate an alimony obligation where such action is prohibited under the terms of the agreement. We affirm.

By way of background, Leroy Smith filed a…

2Cases cited3 opinions

  1. Lee v. LeeSupreme Court of Florida · 1946
  2. Bassett v. BassettDistrict Court of Appeal of Florida · 1985
  3. Cunningham v. CunninghamDistrict Court of Appeal of Florida · 1986

3Cited by2 opinions

  1. Elbaum v. ElbaumDistrict Court of Appeal of Florida · 2014
  2. Osvaldo L. Gonzalez v. Laura Haydee GonzalezDistrict Court of Appeal of Florida · 2026

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