- 12 - circumstances demonstrate that this $1,400 per month was intended to service Mr. Burns's portion of the mortgage indebtedness and to cover his share of the maintenance, taxes, insurance, and similar expenses of the marital home (including sale preparation expenses) until such time as the marital home could be sold and the proceeds divided.8 As such, the payments were integral to the couple's division of property. In addition, the payments were subject to a contingency other than the joint lives of the former spouses (i.e., "until such time as the marital home is sold"), which indicates that they were a property settlement rather than alimony. See Underwood v. Underwood, supra at 288. Moreover, petitioner relinquished other valuable property rights in the MSA, which supports the same conclusion. Indeed, on very similar facts, wherein periodic payments were to be made for the purpose of maintaining the marital residence until it was sold, the payments were held to be a property settlement rather than alimony. Bockoven v. Bockoven, 444 So. 2d 30, 31-32 (Fla. Dist. Ct. App. 1983); see also Salomon v. Salomon, 196 So. 2d 111, 113 (Fla. 1967) (payments terminating upon wife's failure to own or reside in designated residence are not alimony but a property settlement). 8 To the extent some portion of the monthly payment was intended for and in fact expended on the care of the couple's jointly owned pets, it is consistent with a property settlement rather than alimony.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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