VIRGINIA LEE BUSCEMI, APPELLANT/CROSS-APPELLEE,
v.
DANIEL S. BUSCEMI, APPELLEE/CROSS-APPELLANT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the alimony award amount and asset distribution but reversed the provision automatically terminating alimony upon wife's entry into a full-time marital-type relationship, finding such termination clause improper.
A provision automatically terminating permanent periodic alimony upon the wife's entry into a full-time marital-type relationship is reversible error and must be stricken.
[1] A provision in a permanent periodic alimony award that automatically terminates upon the obligee's entry into a full-time marital-type relationship constitutes reversible…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceVirginia Lee Buscemi and Daniel S. Buscemi divorced; the trial court awarded wife permanent periodic alimony with an automatic termination clause if s…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Alimony Termination cases and more on FLexlaw
CAMPBELL, Judge.
In this appeal, appellant/wife, Virginia Lee Buscemi, challenges a final judgment of dissolution of marriage arguing that the trial court erred in setting the amount of permanent periodic alimony awarded wife, in ordering that the alimony award would automatically terminate if wife entered into a “full-time marital-type relationship with another person,” and in the characterization and manner of distribution of marital and non-marital assets. Appellee/cross-ap-pellant/husband, Daniel S. Buscemi, appeals the award of attorney’s fees to wife.
We find reversible error only in the provision that the alimony award to wife would automatically terminate upon the event wife entered into a “full-time marital-type relationship with another person” and direct that on remand that provision be stricken. While we believe the trial judge may have mistakenly characterized some of wife’s non-marital assets as marital assets, those assets were awarded to wife, and we conclude that a reversal to merely correct that mischaracterization would not properly result in any different distribution of assets between the parties. Our conclusion is arrived at and supported by the particular circumstances of this case and the manner in which the trial judge effected what we determine to be an equitable distribution of assets between the parties.
Affirmed in part and reversed in part and remanded.
RYDER, A.C.J., and ALTENBERND, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Kennedy v. Kennedy, 622 So. 2d 1033 (Fla. 5th DCA 1993)…e provision from the final judgment on the authority of Condren v. Condren, 475 So. 2d 268 (Fla. 2d DCA 1985); Tyler v. Tyler, 427 So. 2d 1027 (Fla. 2d DCA 1983); and Dominik v. Dominik, 390 So. 2d 81 (Fla. 3d DCA 1980). See also Buscemi v. Buscemi, 610 So. 2d 674 (Fla. 2d DCA 1992); Townsend v. Townsend, 538 So. 2d 129 (Fla. 2d DCA 1989). In conclusion, I am struck by the irony of the trial court’s comment that “Mrs. Kennedy may want to appeal my ruling” because the trial court felt that it may have been sh…
-
Dibartolomeo v. Dibartolomeo, 679 So. 2d 72 (Fla. 4th DCA 1996)…hever occurs first.” Absent a valid settlement agreement between the parties,1 a trial judge may not include a provision in a final judgment automatically terminating alimony upon the receiving spouse’s cohabitation with another. Buscemi v. Buscemi, 610 So. 2d 674 (Fla. 2d DCA 1992); Condren v. Condren, 475 So. 2d 268 (Fla. 2d DCA 1985). To justify a post judgment modification, the focus should not be so much on the cohabitation as on how the living situation has impacted the former spouse’s financial conditi…