Description: In these consolidated appeals, Nancy Loftus Quinones appeals from a final judgment of dissolution of marriage, arguing that the trial court erred in its alimony and equitable distribution determinations (Case 3D09-3220), and that it erred in its fee awards (Case 3D10-432). March 21st, 2012 While employed as a flight attendant when the parties were married, the former wife had been unemployed during the parties' eighteen-year marriage.In August 2009, a final judgment dissolving the parties' marriage was entered. In light of the uncontradicted evidence that the former husband had the ability to pay the amounts requested to maintain the former wife's standard of living, those In sum, the court below determined the former wife's need without consideration of the standard of living enjoyed by both parties during the marriage. The former wife, on the other hand, was unemployed and had been so for over eighteen years. 84 So. These cuts eliminated the former wife’s stated ability to engage in activities with her children and their friends as she had in the past. The former wife argues that she was shortchanged by the trial court's after tax award of $14,135 a month in permanent periodic alimony. © 1996-2020 MoreLaw, Inc.
While the court below was not obligated to accept the former wife's representation of her needs, it was not free to disregard the parties' standard of living to reduce her expenses to approximate what the trial court believed—untethered to the parties' living standard—would be reasonable. On the former husband's conceded $58,000 a month net income, payment of this amount would leave him with over $30,000 a month for his own support.

(2010).There is no contractual agreement in this case and it is apparent from the face of the final judgment that in determining the husband's alimony obligation, the trial court considered that the former husband had assumed full responsibility for the son's private college tuition, his car and car insurance. ]"[4] Although the final fees award did not mention the former husband's voluntary payments for the benefit of the parties' adult son, the final judgment did evidence that consideration:
[3] Currently, in addition to section 61.08(2)(a), section 61.08(8), Florida Statutes (2011) provides, "[p]ermanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties[. Perez-Abreu & Martin-LaVielle, Andy W. Acosta and Javier Perez-Abreu, Coral Gables, for appellee.In these consolidated appeals, Nancy Loftus Quinones appeals from a final judgment of dissolution of marriage, arguing The parties were married in April 1988 and are the parents of two children, a son, who had achieved majority by the time of the divorce, and a teenaged daughter, who at the time of the final judgment had not yet attained majority.

In light of our determination herein that the court below erred in its alimony award, and because the record does not demonstrate the type of meritless or vexatious litigation that would affect a fee award, we reverse the fee and costs awards in their entirety for reconsideration in light of this opinion.That portion of the final judgment setting the amount of alimony to be paid by [1] The trial court additionally imputed income to the former wife upon the younger child finishing high school, in effect lowering the $14,135 net alimony award by an additional $2200 monthly.

Similarly, the court below decreased a number of other items detailed on the former wife’s financial affidavit for things such as vacations, grooming, entertainment, household expenses, and meals at home.

In light of the uncontradicted evidence that the former husband had the ability to pay the amounts requested to maintain the former wife’s standard of living, those amounts that the trial court concluded to be valid reflections of the former wife’s pre-dissolution expenses should not have been adjusted. The former wife appeals from the equitable distribution, alimony, and fee awards.

§ 61.16(1), Fla. Stat. We do, however, agree that the trial court erred in considering the former husband's voluntary support payments for the parties' adult son in devising its alimony award and in its order awarding the former wife only a portion of her fees and costs.The former wife argues that she was shortchanged by the trial court's after tax award of $14,135 a month in permanent periodic alimony. Based on the parties' standard of living, this was not unreasonable, yet the court below considered decreasing the amount the former wife was then paying for rent in calculating the support award. The former wife, a high school graduate, was fifty-three years old when the divorce decree was entered. A Miami-Dade trial court awarded Nancy Loftus Quinones $14,135 in monthly alimony following her 2009 divorce from her husband of 18 years, ABC News correspondent John M. Quinones.

The couple had their private ceremony in West Palm Beach, Florida. The following January, a fee and cost award was entered. It’s not unusual for the renowned John Quiñones to fall in love and get married to his loved one. The testimony was, and the final judgment acknowledges, that at the time of the divorce, the former husband was nettinga little over $58,000 a month in income from his employment as a news correspondent.

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