BRIDGETTE W. STARK, APPELLANT,
v.
CHARLES H. STARK, APPELLEE
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In this Florida divorce appeal, the Wife challenges the trial court's award of a combination of durational and permanent alimony rather than solely permanent alimony in a 27-year marriage. The appellate court agrees that the evidence supported an award of permanent alimony and reverses in part, holding that durational alimony is inappropriate when the obligee's need and obligor's ability to pay would not materially change at the end of the durational period.
The appellate court held that the trial court abused its discretion by awarding durational alimony rather than permanent alimony. Durational alimony is only appropriate when there is no ongoing need for support on a permanent basis. Because the evidence failed to demonstrate that the Wife's need or the Husband's ability to pay would be materially different at the end of the durational period, the entire $5,000 alimony award following the bridge-the-gap period should have been permanent alimony.
[1] In a long-term marriage where one spouse was primarily a homemaker and the other was the primary wage earner, and where little to no retirement funds were set aside, perm…
[2] Durational alimony is authorized following a marriage of long duration only if there is no ongoing need for support on a permanent basis.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Durational alimony has been described as "an intermediate form of alimony between bridge-the-gap and permanent alimony."”
Establishes the statutory classification and purpose of durational alimony as intermediate relief
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Join FLexlaw to unlock all legal intelligenceThe parties were married for 27 years and had three adult children. The Husband was the primary wage earner with adjusted gross income averaging over …
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Bridgette Stark (“the Wife”) appeals an amended final judgment dissolving her twenty-seven-year marriage to Charles Stark (“the Husband”). The trial court awarded the Wife $7000 of bridge-the-gap alimony for eight months, followed by du-rational alimony of $4900 per month for nine years, and $100 per month in permanent alimony. The Wife does not challenge the amount of alimony awarded, but she contends the trial court erred in awarding a combination of durational and permanent alimony rather than solely awarding permanent alimony. We agree.
The material facts support an award of permanent periodic alimony. This was a long-term marriage in which the Husband was the primary wage earner. For the majority of the marriage, the Wife was a homemaker (the parties have three children, all of whom have reached the age of majority). The parties were fifty-four years old and in good health. The trial court found that the parties had “lived a lifestyle with an appearance of being in the upper, middle class, but in fact lived beyond their means.” They had a significant amount of marital debt and, notably, had *633set aside little or no funds toward retirement. The obligation to pay the marital debt was placed almost entirely on the Husband.
The trial court determined that the Husband’s adjusted gross income over the four-year period immediately preceding trial averaged in excess of $200,000 per year. It imputed income of between $45,000 and $65,000 per year to the Wife. The trial court’s factual findings regarding the parties’ income and/or imputed income are supported by the record.1 Based on these findings, the trial court properly concluded that the Wife had an actual need for alimony and the Husband had the ability to pay alimony.
Durational alimony has been described as “an intermediate form of alimony between bridge-the-gap and permanent alimony.” See Broemer v. Broemer, 109 So.3d 284, 289 (Fla. 1st DCA 2013) (quoting Nousari v. Nousari, 94 So.3d 704, 706 (Fla. 4th DCA 2012)). The Legislature has authorized its use following a marriage of long duration “if there is no ongoing need for support on a permanent basis.”2 § 61.08(7), Fla. Stat. (2014). Here, the evidence failed to demonstrate that the Wife’s need or the Husband’s ability to pay would be materially different at the end of the durational alimony period than it was at the time the amended final judgment was entered. As a result, we conclude that the trial court abused its discretion in failing to make the entire $5000 alimony award following the bridge-the-gap alimony period (post January 31, 2016) permanent alimony.
We find no merit in the other issues raised on appeal by the Wife.
AFFIRMED, in part; REVERSED, in part; and REMANDED for entry of amended final judgment in accordance with this opinion.
LAWSON, C.J. and COHEN, J., concur.
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Hedden v. Hedden, 240 So. 3d 148 (Fla. 5th DCA 2018)…"on current existing circumstances, and not on possibilities [*152] likely but as yet unrealized." Winn v. Winn , 669 So. 2d 1155, 1157 (Fla. 5th DCA 1996). In Stark v. Stark , the trial court awarded the wife both durational and permanent alimony. 192 So. 3d 632, 632 (Fla. 5th DCA 2016). However, this Court concluded "that the trial court abused its discretion in failing to make the entire $5000 alimony award ... permanent alimony" after finding that "the evidence failed to demonstrate that the Wife's need…
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Gilliland v. Gilliland, 266 So. 3d 866 (Fla. 5th DCA 2019)
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Griffitts v. Griffitts, 263 So. 3d 220 (Fla. 5th DCA 2019)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Broemer v. Broemer, 109 So. 3d 284 (Fla. 1st DCA 2013)
- Nousari v. Nousari, 94 So. 3d 704 (Fla. 4th DCA 2012)