Tuesday, November 11, 2014

Durational alimony award appealed over two month ($2,000.00) discrepancy that both parties agreed was incorrect

Things that make you go HMMM. In the case of Egle v. Krinsk, 39 FLW D1450a (Fla. 2d DCA) in case No. 2D13-1506, in an opinion filed on July 11, 2014, the Husband appealed the final judgment because the trial court awarded $1,000.00 per month (pay attention to the math) for 15 years as durational alimony-exceeding the statutory mandate that durational alimony cannot exceed the length of the marriage. The parties were married for 14 years and 10 months. The DCA remanded to correct the order and knock off two months. So . . . for $2,000.00, they appealed a case? This boggles the mind as the parties both agreed it was incorrect. A stipulation to amend the final judgment-maybe-would have been a better course of action and much more cost effective for the client. hmmmm
Full opinion follows:
(CRENSHAW, Judge.) Lawrence Egle timely appeals the final judgment of dissolution of his marriage to Susan Krinsk. We reverse solely for the circuit court to correct the period of the durational alimony award to reflect the length of the marriage and affirm as to the remaining issues.
The circuit court awarded durational alimony of $1000 per month for a period of fifteen years. However, the court intended to award alimony for a period representing the length of the marriage. The marriage in this case lasted just under fourteen years and ten months -- not fifteen years. The parties agree that this was error. See § 61.08(7), Fla. Stat. (2011) (“[T]he length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage.”) (emphasis added); Cooley v. Cooley, 106 So. 3d 17, 17 (Fla. 2d DCA 2013). Accordingly, we reverse and remand for the circuit court to correct the period of the durational alimony award to reflect the length of the marriage.
Affirmed in part, reversed in part with directions. (KELLY and BLACK, JJ., Concur.)

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