Cortese v. Cortese
72 So. 3d 269
| Fla. Dist. Ct. App. | 2011Background
- Lauren Cortese (Wife) and Charles Cortese (Husband) dissolved their marriage in Florida's Fifth District; the trial court awarded Husband a credit for one-half of the marital home mortgage payments and related expenses paid during separation; Husband was the primary breadwinner and the parties generally lived off his income; the trial court classified the home payments as temporary alimony, affecting alimony arrearage calculations; the appellate court reversed that credit and remanded for an amended judgment, while affirming other issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in granting a credit to Husband for mortgage/house expenses paid during separation. | Cortese—credit not requested; improper to grant without pleadings. | Cortese—credit reflects Husband's general pre-separation obligation and should stand. | Credit reversed; remanded for amended judgment. |
| Whether the credit was improper because Husband was the primary breadwinner and paid many house expenses during the marriage. | Kranz governs that such credits are inappropriate when the mortgage/expenses were marital obligations. | Credit appropriate to recognize Husband's separation-time payments. | Credit improper due to Husband's ongoing marital obligation. |
| Whether categorizing the payments as temporary alimony affected the award and alimony arrearage. | Payments were treated as alimony, precluding a separate credit. | Payments should be creditable as separation-time expenses. | Classification as alimony precluded credit; part reversed. |
| Whether the trial court erred by allowing Wife to be required to repay Husband for half the expenses. | Wife should not repay if credit is invalid. | Credit reduces Wife's obligation; repayment unnecessary. | Part of final judgment reversed; remanded for amended judgment. |
Key Cases Cited
- Udell v. Udell, 950 So.2d 528 (Fla. 4th DCA 2007) (holding improper to grant a rental value set-off not pleaded)
- Kranz v. Kranz, 737 So.2d 1198 (Fla. 5th DCA 1999) (credit for mortgage payments during separation improper when paid during marriage)
- Roth v. Roth, 611 So.2d 1268 (Fla. 3d DCA 1992) (husband not entitled to credit when payments constitute support obligation)
- Pastore v. Pastore, 497 So.2d 635 (Fla. 1986) (precedent on alimony/credit interplay)
- Fitzgerald v. Fitzgerald, 558 So.2d 122 (Fla. 1st DCA 1990) (alimony/expense treatment considerations)