Morgan v. Morgan
On remand from an earlier reversal of alimony and equitable distribution, the trial court again awarded the former husband permanent periodic alimony and changed the asset valuation dates from the separation date to the petition date. The Second DCA held that because the alimony award had been reversed and remanded, the initial dissolution petition remained 'pending' under section 61.08(11), Florida Statutes (2023), so the amended statute abolishing permanent alimony applied; it also reversed the unexplained change in valuation dates and remanded retroactive child support for reconsideration.
Key facts
- Former husband appealed trial court's award of permanent periodic alimony and equitable distribution; appellate court reversed and remanded for reconsideration.
- On remand, trial court again awarded permanent periodic alimony to former wife and changed asset valuation dates from separation date to petition date without explanation.
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Why it matters
This decision creates an express conflict with the Fourth District's Alfonso decision over when a dissolution petition is 'pending' for purposes of section 61.08(11), and holds that cases reversed and remanded for… — full analysis with a trial
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