Theresa Ann Walton v. Steven Ray Walton

This is an appeal of a modification of alimony. The parties were divorced in February 2003. In the decree, the trial court awarded the wife rehabilitative alimony for eighteen months, but reserved jurisdiction to evaluate and review the award at the end of the eighteen-month period based on competent medical proof, noting that the wife was expected to pursue disability benefits during that time. During the interim, the wife’s second application for Social Security disability benefits was denied on the grounds that she had not worked long enough to qualify for such benefits. Over a year after entry of the divorce decree, the wife filed a motion for the trial court to review the alimony award. The trial court conducted a hearing and the wife entered into evidence medical proof that she could not be rehabilitated. The trial court did not require the wife to show a material change in circumstances, explaining that it had mistakenly classified the original award as being “rehabilitative.” Therefore, based on the additional proof, the trial court reduced the monthly amount and designated the award as alimony in futuro. The husband now appeals, arguing that the wife was required to show a substantial and material change in circumstances to warrant a modification of the original rehabilitative alimony award. We affirm, finding that the trial court retained jurisdiction to hear the medical proof and did not err in changing the award to alimony in futuro.