MELVIN C. JAMES, APPELLANT,
v.
ELISE C. JAMES, APPELLEE
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Florida appellate court affirmed dissolution judgment but reversed permanent alimony award, holding that rehabilitative alimony for two years was proper given the wife's lump sum award, good health, and education.
Permanent periodic alimony is improper when the former wife receives a substantial lump sum award of the marital home and possesses good health and education; rehabilitative alimony for two years is the appropriate remedy.
[1] Permanent periodic alimony is improper when the former spouse receives a substantial lump sum award and possesses good health and education; rehabilitative alimony is the…
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Join FLexlaw to unlock all legal intelligenceThe parties dissolved a marriage of almost 17 years. The trial court awarded the former wife permanent periodic alimony plus a lump sum award consisti…
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COBB, Judge.
The parties petitioned the lower court to dissolve their marriage of almost 17 years. The Final Judgment of Dissolution from which the former husband appeals is affirmed, except with respect to the award of permanent periodic alimony to the former wife. Given the former wife’s lump sum alimony award of the husband’s one-half interest in the jointly-owned marital home,1 her good health and her education, only an award of rehabilitative alimony is proper. See Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); Campbell v. Campbell, 432 So. 2d 666 (Fla. 5th DCA 1983); Hair v. Hair, 402 So. 2d 1201 (Fla. 5th DCA 1981), review denied, 412 So. 2d 465 (Fla.1982); cf., G’Sell v. G’Sell, 390 So. 2d 1196 (Fla. 5th DCA 1980).
Accordingly, the portion of the Final Judgment awarding permanent periodic alimony is reversed and this cause is remanded for the lower court to enter an award to the former wife of rehabilitative alimony for a period of two years, the length of time which the record reflects she will need to obtain a teaching certificate. The Final Judgment is in all other respects
AFFIRMED.
DAUKSCH and SHARP, JJ., concur. . According to the former wife's testimony, the net proceeds from the sale of the marital home would be approximately $120,000. This amount, less the $65,000 mortgage, is $55,000, one-half of which, $27,500, would be the value of the former husband's interest, which the lower court awarded as lump sum alimony.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997)…5); Siegel v. Siegel, 564 So. 2d 226 (Fla. 5th DCA 1990); Contogeorgos v. Contogeorgos, 482 So. 2d 590 (Fla. 4th DCA 1986); Perry v. Perry, 448 So. 2d 588 (Fla. 5th DCA 1984); Campbell v. Campbell, 432 So. 2d 666 (Fla. 5th DCA 1983); James v. James, 443 So. 2d 1029 (Fla. 5th DCA 1983); Crees v. Crees, 342 So. 2d 1014 (Fla. 4th DCA 1977); Reback v. Reback, 296 So. 2d 541 (Fla. 3d DCA 1974). We therefore convert the permanent alimony to rehabilitative alimony.... Rosen VI, 659 So. 2d at 369. The decisions cited…
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Rosen v. Rosen, 659 So. 2d 368 (Fla. 3d DCA 1995)…5); Siegel v. Siegel, 564 So. 2d 226 (Fla. 5th DCA 1990); Contogeorgos v. Contogeorgos, 482 So. 2d 590 (Fla. 4th DCA 1986); Perry v. Perry, 448 So. 2d 588 (Fla. 5th DCA 1984); Campbell v. Campbell, 432 So. 2d 666 (Fla. 5th DCA 1983); James v. James, 443 So. 2d 1029 (Fla. 5th DCA 1983); Crees v. Crees, 342 So. 2d 1014 (Fla. 4th DCA 1977); Reback v. Reback, 296 So. 2d 541 (Fla. 3d DCA 1974). We therefore convert the permanent alimony to rehabilitative alimony to terminate on September 30, 1998, which should give…
Authorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Campbell v. Chalermsri V. Campbell, 432 So. 2d 666 (Fla. 5th DCA 1983)
- Hair v. Hair, 402 So. 2d 1201 (Fla. 5th DCA 1981)
- Veroncia G'Sell v. G'Sell, 390 So. 2d 1196 (Fla. 5th DCA 1980)