Author Topic: Woman's alimony is cut off due to cohabitation (with cell mate) - Florida!  (Read 1379 times)

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Offline Miss Mia

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Ex-wife's alimony cut off because she has cellmate

WEST PALM BEACH — The bitter world of divorce and alimony took a novel twist Wednesday.

Andrew Craissati of Palm Beach Gardens had challenged paying alimony to his former wife, Patricia, arguing that their agreement called for him to pay only until her remarriage or if she "cohabitated" with another person for more than three months.

Patricia Craissati, 48, was later sentenced to prison.

The 4th District Court of Appeal ruled Wednesday that she is indeed "cohabitating" - with her cellmate.

Two members of the three-judge panel concurred and ordered her alimony payments stopped. A third dissented, writing Craissati's involuntary assignment to a cellmate is not cohabitation. "I would affirm the trial court's reasoning that this is an absurd result," wrote Judge Larry Klein.

-snip-

His attorney, Lewis Kapner, said the ruling is grounded in the general language of the couple's agreement - cohabitation simply defined as living with another person for more than three months.
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Offline thundley4

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Re: Woman's alimony is cut off due to cohabitation (with cell mate) - Florida!
« Reply #1 on: December 11, 2008, 01:06:56 PM »
While being legally "correct", I think the Judges are messed up. However, I do think that the alimony should have been reduced since she no longer had the expenses nor lifestyle that caused the 2000/mo to be awarded.

Offline Miss Mia

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Re: Woman's alimony is cut off due to cohabitation (with cell mate) - Florida!
« Reply #2 on: December 11, 2008, 01:10:48 PM »
While being legally "correct", I think the Judges are messed up. However, I do think that the alimony should have been reduced since she no longer had the expenses nor lifestyle that caused the 2000/mo to be awarded.

Apparently, she still had a mortgage payment that the ex-husband was paying, because she refused to rent out her house while in jail.  The ex-husband called the victory "bittersweet."
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Offline thundley4

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Re: Woman's alimony is cut off due to cohabitation (with cell mate) - Florida!
« Reply #3 on: December 11, 2008, 01:15:34 PM »
Apparently, she still had a mortgage payment that the ex-husband was paying, because she refused to rent out her house while in jail.  The ex-husband called the victory "bittersweet."

I'm guessing someone was looking after it, or possibly living there for her.  An empty house would be an easy target.