More details to this question:
I am currently paying alimony to my ex-wife. She is likely to receive a substantial inheritance which will vastly change our relative financial standing. Is the income that can be generated from that inheritance a cause for seeking a reduction / elimination of alimony?
1 ANSWER
Dear Anonymous:
Good question, and yes. If your ex's inheritance can generate income that would compensate for some (or all) of the alimony you are currently paying then that would be a substantial, unanticipated change in circumstances that would justify a modification petition.
There are many cases that stand for the proposition that when an individual has an assets that could generate income, whether or not they chose to invest it in such a manner, the court can impute a reasonable rate of return that the asset could generate. A "reasonable rate of return" may be up for interpretation, especially with the current market fiasco, but it would clearly be more than zero.
Best of luck.
Cindy S. Vova
The Family Law Offices of Cindy S. Vova, P.A.
Broward/Boca Raton/Miami-Dade
954-316-3496/561-962-2785
info@vovalaw.com
Answered on Mar 31st, 2020 at 8:06 PM