Saturday, May 2, 2009

Fraudulent Remarriage Led Trial Court to Treat Two Marriages as One

This short decision by the Fifth DCA is interesting due to the facts.  The husband and wife married, divorced, remarried and three months later they divorced.  The former wife alleged and the trial court found that the former husband fraudulently induced the wife to remarry in order to avoid the alimony payments ordered after the first divorce.  The trial judge treated the two marriages as one and reapplied the original alimony payment.  Regardless of the potential fraud, the Fifth DCA reversed because the trial judge did not consider the circumstances at the time of the second divorce.  Even if treated as one marriage, alimony needs to be determined at the time of the trial and not an earlier point.


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