LORE ALEXANDER, APPELLANT,
v.
SCOTT ALEXANDER, APPELLEE
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The trial court abused its discretion in the equitable distribution of assets and alimony.
The trial court awarded the wife personal property and her interest in a home to the husband, despite her low income and the husband's higher income. …
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PER CURIAM.
Attempting to effectuate an equitable distribution of the assets accumulated by the parties during their six-year marriage, the trial court gave the wife a mélange of used personal property and awarded her interest in the parties’ New Jersey home to the husband.1 The court declined to award alimony to the wife despite her meager income of $6,500 per year which is derived from a fledgling business. The husband, on the other hand, enjoys a stable yearly income of $24,000 to $33,000.
It is established that “a trial judge must ensure that neither spouse passes automatically from misfortune to prosperity or from prosperity to misfortune_” Canakaris v. Canakaris, 382 So. 2d 1197, 1204 (Fla.1980). In the case at bar, the wife was cut adrift with virtually nothing. This constitutes an abuse of discretion. Accordingly, the final judgment of dissolution is reversed in all respects, save for the provisions dissolving the parties’ marriage and awarding custody of the minor child, and the cause is remanded with instructions to restructure the wife’s award to include her interest in the New Jersey home plus rehabilitative alimony for a period of years to be determined by the trial court.2
REVERSED and REMANDED.
HERSEY, C.J., and HURLEY and DELL, JJ., concur. . The wife’s interest has an approximate value of $11,000.
. The foregoing presupposes that both parties will share responsibility for the marital debts.
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Claughton v. Claughton, 483 So. 2d 447 (Fla. 3d DCA 1986)…dard applicable to equitable distribution requires that the “trial judge ... ensure that neither spouse passes automatically from misfortune to prosperity or from prosperity to misfortune_” Cana-karis, 382 So. 2d at 1204; see Alexander v. Alexander, 479 So. 2d 815 (Fla. 4th DCA 1985) (trial court abused its discretion when the wife was “cut adrift with virtually nothing”); Brown v. Brown, 300 So. 2d 719, 726 (Fla. 1st DCA 1974) (“trial court abused its discretion in awarding the wife a pittance of the marital…
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Thompson v. Thompson, 550 So. 2d 1168 (Fla. 4th DCA 1989)…assets claimed, and we can find no error in the trial court’s award of $75,000 lump sum alimony. Appellant’s second point addresses the failure of the trial court to award her rehabilitative alimony. She relies primarily on Alexander v. Alexander, 479 So. 2d 815 (Fla. 4th DCA 1985). In Alexander, we reversed and remanded in part for an. award of rehabilitative alimony, where the trial court’s award to the wife of a six-year marriage was described as “a melange of used personal property” and where her income…
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Radin v. Radin, 497 So. 2d 658 (Fla. 3d DCA 1986)…, it was a plain abuse of discretion for the trial court to fail to make any award of periodic alimony for the wife’s support, in addition to the equitable distribution. See Green v. Green, 484 So. 2d 1269 (Fla. 3d DCA 1986); Alexander v. Alexander, 479 So. 2d 815 (Fla. 4th DCA [*659] 1985); Andrews v. Andrews, 479 So. 2d 249 (Fla. 2d DCA 1985); Carroll v. Carroll, 471 So. 2d 1358 (Fla. 3d DCA 1985); DeCenzo v. DeCenzo, 433 So. 2d 1316 (Fla. 3d DCA 1983); Rion v. Rion, 421 So. 2d 541 (Fla. 5th DCA 1982). We t…
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- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)