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as alimony in a divorce or separation instrument is not
conclusive. Fagan v. Lewis, 374 So. 2d 18, 20-21 (Fla. Dist. Ct.
App. 1979) (citing Underwood v. Underwood, 64 So. 2d 281 (Fla.
1953)).
To determine whether periodic payments are alimony or a
property settlement, Florida courts consider the intention of the
parties as evidenced by the plain language of their agreement,
the agreement's overall structure, the surrounding circumstances,
and the agreement's purpose. Kuhnke v. Kuhnke, 556 So. 2d 1121
(Fla. Dist. Ct. App. 1989); see also Underwood v. Underwood,
supra. Whether periodic payments constitute support (and
therefore alimony) or a methodology for division of property
generally depends upon whether the payments are given in return
for a relinquishment of other valuable property rights by the
recipient spouse. See McIntyre v. McIntyre, 824 So. 2d 206, 207
(Fla. Dist. Ct. App. 2002) (citing Petty v. Petty, 548 So. 2d
793, 795 (Fla. Dist. Ct. App. 1989); Draper v. Draper, 604 So. 2d
946, 947 (Fla. Dist. Ct. App. 1992)).
On the basis of Florida law, we conclude that the $1,400
monthly payments, considered in the context of the MSA as a
whole, were part of a property settlement. The MSA provided that
(i) the marital home was to be sold; (ii) Mr. Burns was to
receive 40 percent of the net proceeds; and (iii) Mr. Burns was
to pay $1,400 per month until the sale. The surrounding
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