Simon v. Simon

District Court of Appeal of Florida

Simon v. Simon

83 So. 3d 927, 2012 WL 716169, 2012 Fla. App. LEXIS 3734

CourtDistrict Court of Appeal of Florida

DecidedMarch 7, 2012

Docket4D11-2809

StatusPublished

This text of 83 So. 3d 927 (Simon v. Simon) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Simon v. Simon, 83 So. 3d 927, 2012 WL 716169, 2012 Fla. App. LEXIS 3734 (Fla. Ct. App. 2012).

Pincite

Opinion

GERBER, J.

The wife appeals the circuit court’s order on her motion for temporary support, fees, and costs during the pendency of her dissolution action against the husband. The wife argues that the court erred by limiting the amount of her temporary support, fees, and costs based upon the terms of the parties’ amended prenuptial agreement.

We agree with the wife and reverse. We must continue to follow Belcher v. Belcher, 271 So.2d 7 (Fla.1972), which holds that until the marriage is dissolved, support cannot be conclusively supplanted by “advance summary disposition by agreement.” Id. at 11. On remand, the “need and ability to pay test” of section 61.16, Florida Statutes (2011), continues to apply. See Lord v. Lord, 993 So.2d 562, 565 (Fla. 4th DCA 2008) (“In the temporary setting prior to dissolution, section 61.16’s need and ability to pay test continues to apply.”) (citation omitted).

Reversed and remanded.

TAYLOR and LEVINE, JJ„ concur.

Free access — add to your briefcase to read the full text and ask questions with AI

GERBER, J.

The wife appeals the circuit court’s order on her motion for temporary support, fees, and costs during the pendency of her dissolution action against the husband. The wife argues that the court erred by limiting the amount of her temporary support, fees, and costs based upon the terms of the parties’ amended prenuptial agreement.

We agree with the wife and reverse. We must continue to follow Belcher v. Belcher, 271 So.2d 7 (Fla.1972), which holds that until the marriage is dissolved, support cannot be conclusively supplanted by “advance summary disposition by agreement.” Id. at 11. On remand, the “need and ability to pay test” of section 61.16, Florida Statutes (2011), continues to apply. See Lord v. Lord, 993 So.2d 562, 565 (Fla. 4th DCA 2008) (“In the temporary setting prior to dissolution, section 61.16’s need and ability to pay test continues to apply.”) (citation omitted).

Reversed and remanded.

TAYLOR and LEVINE, JJ„ concur.

Cite This Page — Counsel Stack

Bluebook (online)

83 So. 3d 927, 2012 WL 716169, 2012 Fla. App. LEXIS 3734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simon-v-simon-fladistctapp-2012.

Opinion

Related

Cite This Page — Counsel Stack