JAY RUSSELL SINGER, APPELLANT,
v.
NOREEN SINGER, APPELLEE
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A former husband sought to terminate alimony based on a cohabitation clause in his divorce decree and requested determination of alimony overpayment and attorney's fees. The trial court granted termination of alimony but failed to reserve jurisdiction or address the issues of retroactive repayment and attorney's fees, leading to reversal and remand.
The trial court erred by failing to reserve jurisdiction to address the issues of retroactive alimony repayment and attorney's fees. A cohabitation clause can be applied retroactively to require repayment of alimony, and the trial court should have reserved jurisdiction to consider both the overpayment issue and the entitlement to attorney's fees.
[1] A cohabitation clause in a final judgment of dissolution can be applied retroactively to require repayment of alimony.
[2] A trial court must address a party's request for attorney's fees when presented in a post-dissolution motion.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A cohabitation clause which allows for the termination of alimony for cohabitation can be applied retroactively and require repayment.”
Establishes that the trial court could have ordered retroactive repayment of alimony under the cohabitation clause
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Join FLexlaw to unlock all legal intelligenceJay Russell Singer, the former husband, filed a post-dissolution motion to terminate alimony pursuant to a cohabitation clause in the final judgment o…
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The former husband, Jay Russell Singer, filed a post-dissolution motion to terminate alimony pursuant to a cohabitation clause incorporated into the final judgment of dissolution. In addition to his request to terminate alimony, he asked the court to reserve jurisdiction to later determine the amount of overpayment of alimony and whether he was entitled to attorney’s fees. At the hearing, the former husband presented these issues to the trial court by presenting his written argument to the court in which he asked the court to reserve jurisdiction to determine the amount of overpayment of alimony and attorney’s fees.
The trial court entered an order granting the motion to terminate alimony as of November 30, 1991, when the former husband first presented this issue to the court. However, the trial court failed to reserve jurisdiction or even address the former husband’s request for overpayment of alimony and attorney’s fees.
*890A cohabitation clause which allows for the termination of alimony for cohabitation can be applied retroactively and require repayment. See, e.g., Gale v. Rose, 455 So.2d 476 (Fla. 5th DCA 1984). The trial court also should have reserved jurisdiction to consider the issue of the former husband’s entitlement to attorney’s fees. Perez v. Perez, 846 So.2d 685 (Fla. 4th DCA 2003) (remanded for hearing on attorney’s fees after court deferred consideration of fees at final hearing and then failed to reserve jurisdiction in final order); Harbin v. Harbin, 762 So.2d 561 (Fla. 5th DCA 2000) (trial court should have reserved jurisdiction on the issue of attorney’s fees in the final judgment).
Therefore, we remand for an evidentiary hearing on the issue of retroactive repayment of alimony and attorney’s fees.
Remanded for an Evidentiary Hearing.
STEVENSON, HAZOURI and GERBER, JJ., concur.
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Flores v. Flores, 82 So. 3d 838 (Fla. 4th DCA 2011)…r entry of a corrected judgment reserving jurisdiction to address the request for attorney’s fees and costs. See May v. May, 908 So. 2d 558, 559 (Fla. 2d DCA 2005); Yangco v. Yangco, 901 So. 2d 217, 222 (Fla. 2d DCA 2005); see also Singer v. Singer, 38 So. 3d 889 (Fla. 4th DCA 2010); Perez v. Perez, 846 So. 2d 685 (Fla. 4th DCA 2003). In Harbin v. Harbin, 762 So. 2d 561 (Fla. 5th DCA 2000), the wife petitioned the court for modification of child support and requested attorney’s fees. Her pretrial statement i…
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Singer v. Noreen Singer (Fla. 4th DCA 2019)…determine and award fees and costs. 1 This case has generated 25 proceedings in this court and six reported opinions. See Singer v. Singer, 219 So. 3d 944 (Fla. 4th DCA 2017); Singer v. Singer, 211 So. 3d 154 (Fla. 4th DCA 2017); Singer v. Singer, 38 So. 3d 889 (Fla. 4th DCA 2010); Singer v. Singer, 706 So. 2d 914 (Fla. 4th DCA 1998); Singer v. Cochran, 685 So. 2d 36 (Fla. 4th DCA 1996); Singer v. Singer, 652 So. 2d 454 (Fla. 4th DCA 1995). - 2 - The wife appealed the February 2015 judgment. We affirmed…
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Saba Shah v. Ali R. Siddiqui (Fla. 4th DCA 2024)…to reserve jurisdiction to consider the issue, the final judgment should be reversed and remanded for entry of a corrected judgment reserving jurisdiction to address the request for attorney’s fees and costs.”) (citing, inter alia, Singer v. Singer, 38 So. 3d 889, 890 (Fla. 4th DCA 2010), and Perez v. Perez, 846 So. 2d 685, 686 (Fla. 4th DCA 2003)). The instant facts present an even more compelling case for reversal. Here, the circuit court twice addressed the former wife’s request for attorney’s fees and c…
Authorities Cited
- Grisselle T. Harbin v. Harbin, 762 So. 2d 561 (Fla. 5th DCA 2000)
- Perez v. Perez, 846 So. 2d 685 (Fla. 4th DCA 2003)
- Gale v. Christiana Rose, 455 So. 2d 476 (Fla. 5th DCA 1984)