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Family Law Appellate Case Victory

August 25, 2020

On July 29, 2020, the Fourth District Court of Appeal remanded an action to dissolve a long-term marriage. The parties were married for more than nineteen years before the former wife petitioned for the dissolution of their marriage. The former husband is represented by Kelley Kronenberg Partners Tracy B. Newmark and Natalie S. Kay.

The main issues at the trial court level were the wife’s demands for permanent periodic alimony, equitable distribution, and attorneys’ fees. At the time the action was filed, the parties had three minor children and at trial, they stipulated to a 50/50 time-sharing schedule.

During the marriage, the wife was a stay-at-home wife and mother and claimed that she operated the parties’ franchised lawn service company.  The husband was the primary wage earner.  The wife obtained full-time employment during the pendency of the trial proceedings.

The trial court denied the wife’s request for permanent alimony, instead awarding her $1,500 per month for five years, which she appealed.  The durational alimony award was not reversed, but instead remanded to the trial court to make appropriate findings of the wife’s need, the husband’s ability to pay, and to consider the rebuttable presumption in favor of permanent alimony. The trial court ordered that the husband be responsible for only a portion of the former wife’s legal fees, which was affirmed on appeal.  Additionally, the trial court adopted the equitable distribution schedule proposed by the husband, which was also affirmed on appeal.

 

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Kelley Kronenberg is a multi-practice business law firm with more than 175 attorneys and 11 locations throughout Florida and the United States. Founded in 1980, our firm is one of the fastest-growing law firms in Florida, built on relationships, and committed to exceptional client service. We serve all types and sizes of public and private companies, as well as small businesses and individuals nationwide. Kelley Kronenberg has been recognized amongst the “Largest U.S. Law Firms” by the National Law Journal’s NLJ 500, Law 360 400 and Florida Trend in 2020, America’s Top Corporate Law Firms by Forbes and Top 10 in NLJ’s Women’s Scorecard in 2019. The firm has been the recipient of many accolades most recently including Top “Largest Law Firms” in the South Florida Business JournalTampa Bay Business Journal and Orlando Business JournalFlorida TrendSouth Florida Business & Wealth, and American Lawyer’s Daily Business Review “Review 100”. For more information, visit www.kklaw.com.

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