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Quinones v. Quinones
Citations: 182 So. 3d 702; 2015 Fla. App. LEXIS 18967; 2015 WL 9239673Docket: No. 5D15-378
Court: District Court of Appeal of Florida; December 17, 2015; Florida; State Appellate Court
Jacqueline Quinones, the Former Wife, appeals the final judgment dissolving her marriage to John Quinones IV, the Former Husband. The appeal is limited to errors apparent on the face of the judgment, as no trial transcript or evidence was provided. Former Wife raises three issues, but only one merits consideration: the trial court's classification of the marriage as moderate and its consequent denial of alimony. The couple married on July 10, 1992, and had two children. By the time of trial, they had been married for 23 years, surpassing the threshold for a long-term marriage under Florida law. The trial court found that the marriage was of moderate duration and based on this, denied Former Wife's alimony request, stating it was due to the parties' financial circumstances. According to Florida Statutes, a marriage lasting 17 years or more is classified as long-term, creating a rebuttable presumption for permanent alimony. The court failed to address why this presumption did not apply, incorrectly categorizing the marriage. Furthermore, the court's rationale was inconsistent, as Former Husband had previously acknowledged Former Wife's need for alimony and his ability to pay. Given the transitional circumstances for both parties, with Former Wife re-entering the workforce and Former Husband transitioning back to private practice after losing a public position, the court's denial of even nominal alimony was deemed an abuse of discretion. The ruling is partially affirmed and partially reversed, with the court recognizing the need to potentially adjust alimony based on changing financial situations.