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617 So. 2d 1098

Pyle v. Pyle

District Court of Appeal of Florida · decided 1993-04-20

Relies on 491 So. 2d 1124 - Noah v. Noah · 610 So. 2d 60 - Heilman v. Heilman

Decided 1993-04-20

PER CURIAM.

¶1We agree with the appellant that the trial court, in fashioning an award of alimony, should not have relied on an adulterous act of the husband which was committed eighteen years prior to the filing of the dissolution petition, which had no economic consequences. The case is remanded for a determination based on the criteria enumerated in section 61.08, Florida Statutes (1991). See Noah v. Noah, 491 So.2d 1124 (Fla.1986) (evidence of a spouse’s adultery is irrelevant in setting alimony award unless the misconduct caused a depletion of family resources). Heilman v. Heilman, 610 So.2d 60 (Fla. 3d DCA 1992) (same).

¶2Reversed and remanded.

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