DiBartolomeo v. DiBartolomeo

Former wife appeals the final judgment of dissolution of marriage and an order denying attorney’s fees.

The final judgment awarded former wife $2,500 per month in permanent periodic alimony until she “remarries, cohabits with a *73member of the opposite sex, or dies, whichever occurs first.” Absent a valid settlement agreement between the parties,1 a trial judge may not include a provision in a final judgment automatically terminating alimony upon the receiving spouse’s cohabitation with another. Buscemi v. Buscemi, 610 So.2d 674 (Fla. 2d DCA 1992); Condren v. Condren, 475 So.2d 268 (Fla. 2d DCA…