WEST PALM BEACH, Fla. (CN) - A man who moved to have his alimony reduced actually had it increased, and the Florida Appeals Court affirmed the decision.
When John Linstroth and Carol Dorgan divorced in 1992, the alimony amount was $2,775 per month. Ten years later, Dorgan began living with James Stewart, and the amount was lowered to $1,200.
Two years after that, Linstroth asked for the alimony to be further reduced or terminated. Dorgan countered by asking that the alimony be increased to the original amount.
Judge Davidson affirmed the trial court's ruling that there is no evidence that Dorgan is in a supportive relationship with another man.
"They never have had a bank account containing intermingled funds," she ruled. "They have not purchased any property together."
The trial court also found that Linstroth's income had increased dramatically since the alimony was reduced.
Even though Linstroth lost $500,000 in the stock market, Davidson ruled that "the former wife should not be penalized because of his day-trading decisions."
Subscribe to Closing Arguments
Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.