Fort Lauderdale Divorce Lawyer Blog
In Vigo v. Vigo, the appellate court affirmed Florida divorce court Judge Maxine Cohen Lando’s decision to award the wife $250,000 in lump sum alimony. The wife presented sufficient evidence to the divorce court located south of Fort Lauderdale that the husband intended to gift a condominium to her. Therefore, the Florida marital and family law court appropriately awarded her a $250,000.00 lump sum alimony award that represented a one-half interest in the couple’s condominium located south of Broward County.
The husband purchased the condominium during the marriage with non-marital funds. He also paid the monthly expenses related to the condominium including mortgage payments, condominium association fees and insurance with non-marital funds. Because the wife claimed that he intended to gift to her a one-half interest in the condo, she had to prove (1) the Husband’s donative intent, (2) his delivery of or her possession of the gift, and (3) the Husband’s surrender of dominion and control of the gift.
The wife met this burden. The evidence presented at trial was that the husband purchased the condominium at the wife’s request so that she could be closer to her grandchild; the wife attended the closing and signed the mortgage; the husband told the wife he purchased the condo for both of them to use; both are named on the homeowner’s insurance policy; both of their names are on sales receipts for furniture and accessories used to furnish the condo; and finally, the condo became their marital residence which the wife assisted in maintaining for the parties.
Even though the husband used non-marital funds to purchase the condominium, the wife provided sufficient evidence that he intended to divest himself of all dominion and control over a one-half interest, and furthermore, that she accepted his gift. Therefore, the trial court’s decision to award the wife $250,000.00 to equalize the equitable distribution of the marital assets was affirmed.