BETEMARIAM v. Said
48 So. 3d 121
| Fla. Dist. Ct. App. | 2010Background
- Betemariam and Said met in 2000, lived together after both were separated from prior spouses, and twins were born in 2001.
- They finalized their divorces in fall 2002 and later discussed marriage; an Islamic ceremony occurred January 1, 2004, in Virginia with a certificate signed by witnesses.
- No civil marriage license was obtained and the couple did not file a marriage certificate with any clerk of court.
- The couple moved to Florida, settled in West Palm Beach, Betemariam cared for the children at home, and they attended Rosarian Academy, costing about $13,000 per child annually.
- They purchased property with titles held jointly and Betemariam filed for divorce in 2007; the trial court ruled the marriage was not legally valid, preserving issues of paternity, child support, and partition.
- The trial court held Virginia law governs the validity of the religious ceremony, which, under Virginia, required a license; the court thus had no authority to award alimony or equitably distribute assets.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of the putative marriage under Virginia law | Betemariam contends the marriage was valid under their belief and ceremony. | Said contends no valid marriage occurred absent license and solemnization. | Virginia license mandatory; marriage void ab initio; court lacks jurisdiction over alimony/equitable distribution. |
| Courts' authority to address child issues when marriage is void | Betemariam argued the court could decide child-related matters and support. | Said challenged any equitable relief, including private schooling costs. | Court retained authority to determine paternity, custody, and child support; private-school relief addressed on merits. |
| Award of private school tuition for children | Betemariam requested Said pay private school expenses consistent with standard of living. | Said asserted he could not be required to pay; the issue was not properly pleaded. | Trial court abused discretion by not ordering Said to pay private school tuition; remand to amend judgment to require payment. |
Key Cases Cited
- Burger v. Burger, 166 So. 2d 433 (Fla. 1964) (equitable alimony denied when both parties contributed to invalidity of marriage)
- Wilson v. Wilson, 559 So. 2d 698 (Fla. 1st DCA 1990) (private school expenses allowed if ability to pay and standard of living preserved)
- Kaiser v. Harrison, 985 So. 2d 1226 (Fla. 5th DCA 2008) (private school expenses where appropriate and supported by income)
- Preure v. Benhadj-Djillali, 15 So. 3d 877 (Fla. 5th DCA 2009) (Virginia-like approach to putative marriage and license requirements in similar context)
- Offield v. Davis, 100 Va. 250, 40 S.E. 910 (1902) (Virginia court treated license as mandatory for validity of marriage; marriage without license void ab initio)