LOIS HALEY, APPELLANT,
v.
JAMES F. HALEY, APPELLEE
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GRIFFIN, Judge.
Because of appellant’s demonstrated ability to support herself and earn income within range of that of her former husband, failure to award her alimony based on need for support does not rise to the level of abuse of discretion necessary to support reversal. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980). The husband’s adultery may be considered by the court in deciding on an alimony award, but where, as here, there is no evidence that the husband’s adultery caused a material depletion of marital assets and no evidence it has increased the appellant’s need for support (beyond the fact of the divorce itself), the court did not err in failing to award alimony based on the husband’s marital misconduct. Noah v. Noah, 491 So. 2d 1124 (Fla.1986); Santoro v. Santoro, 642 So. 2d 86, 87 (Fla. 2d DCA 1994); cf. Poe v. Poe, 522 So. 2d 50 (Fla. 5th DCA 1988).
AFFIRMED.
HARRIS, C.J., and THOMPSON, JJ., concur.
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Lostaglio v. Lostaglio, 199 So. 3d 560 (Fla. 5th DCA 2016)…in determining entitlement or, in his view, no entitlement to alimony. We reject this argument in the absence of any evidence that Wife depleted marital assets to further her adulterous behavior. See Noah, 491 So. 2d [*564] at 1127; Haley v. Haley, 649 So. 2d 332, 332-33 (Fla. 6th DCA 1995) (“The husband’s adultery may be considered by the court in deciding on an alimony award, but where, as here, there is no evidence that the husband’s adultery caused a material depletion of marital assets and no evidence i…
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Weller v. Weller, 709 So. 2d 646 (Fla. 5th DCA 1998)…ward. Furthermore, the husband’s alleged misconduct relating to a purported affair was not shown to have caused any material depletion of the parties’ marital assets. See Siegel v. Siegel, 564 So. 2d 226 (Fla. 5th DCA 1990). See also Haley v. Haley, 649 So. 2d 332 (Fla. 5th DCA 1995). We have considered whether remand for consideration of an award of rehabilitative alimony would be appropriate but conclude that such an award could not be made given the ex-wife’s failure to present below any plan for rehabil…
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Vlaunir Jimenez Da Silva v. Labriola (Fla. 3d DCA 2026)
Authorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Noah v. Noah, 491 So. 2d 1124 (Fla. 1986)
- Tortorello v. E.F. Hutton & Co., Inc., 522 So. 2d 50 (Fla. 4th DCA 1988)
- POE v. Harvy C. POE, 522 So. 2d 50 (Fla. 5th DCA 1988)
- Santoro v. Edda L. Santoro, 642 So. 2d 86 (Fla. 2d DCA 1994)