ANTHONY L. TAYLOR, APPELLANT,
v.
MAXINE D. TAYLOR, APPELLEE

Fla. 3d DCA | 1980-01-22
No. 79-784
Before HENDRY and SCHWARTZ, JJ., and VANN, HAROLD (Ret.), Associate Judge.
378 So. 2d 1352 Florida District Court of Appeal, Third District (1980)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

In this dissolution of marriage appeal, the husband challenged a rehabilitative alimony award of $100 per week for two years, contending it was excessive and based improperly on his misconduct toward his wife. The court held that while evidence of spousal abuse may be considered in limited circumstances in alimony determinations, it cannot be used as punishment or as a substitute for a personal injury judgment.


Holding

Evidence of spousal misconduct such as physical abuse may be considered in limited circumstances—such as determining support needed for the abused spouse to recover from injuries or in allocating the economic loss caused by dissolution. However, such evidence cannot be used as a basis for punishment or as a substitute for a personal injury judgment. The alimony award must be based solely on the financial needs of one spouse and the ability of the other to pay.


Headnotes

[1] Misconduct by a spouse may be considered in determining financial aspects of a dissolution, including support for recovery from injuries or to address economic disparitie…

[2] Alimony is intended to meet the needs of one spouse to the extent the other has the ability to pay, not to punish the paying spouse or serve as a substitute for a persona…

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Key Quotes

“the purpose of alimony is only to require that the needs of one spouse be met by the other to the extent that he or she has the ability to pay”

Establishes the fundamental purpose and limitation of alimony awards in Florida law

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Facts & Procedural History

Anthony Taylor and Maxine Taylor were married. During the marriage, Anthony physically abused or "brutalized" his wife. The trial court awarded Maxine…

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Opinion of the Court
SCHWARTZ, Judge.

[*1353] SCHWARTZ, Judge.

On this appeal from a final judgment of dissolution, the husband primarily complains that the provision for rehabilitative alimony in the amount of $100 per week for two years was unjustified and excessive. As he contends, the record clearly shows that the trial judge based this award upon the fact that, during the marriage, Taylor had physically abused, or, as the lower court aptly put it, “brutalized” his wife. It is established that, under some circumstances, such misconduct may indeed properly be considered in the determination of the financial aspects of a “no-fault” dissolution proceeding. It would have been entirely appropriate, for example, to provide for support during any period shown to be required for Mrs. Taylor to recover from or to secure treatment for any injuries inflicted by her husband.1 See Mertz v. Mertz, 287 So. 2d 691 (Fla. 2d DCA 1973). Evidence of such conduct may likewise be taken into account in determining which spouse should bear the brunt of the fact that the dissolution renders it economically impossible for the parties to live separately in the life-style they maintained when living together.2 Williamson v. Williamson, 367 So. 2d 1016, 1019 (Fla.1979); cf. also Smith v. Smith, 378 So. 2d 11 (Fla. 3d DCA 1979), and cases cited at 15.

Nevertheless, the purpose of alimony is only to require that the needs of one spouse be met by the other to the extent that he or she has the ability to pay. Sisson v. Sisson, 336 So. 2d 1129 (Fla.1976); Cann v. Cann, 334 So. 2d 325 (Fla. 1st DCA 1976). It was improper, therefore, instead to employ such an award, as it was below,3 as a means of punishing the spouse from whom alimony was sought,4 or, in effect, as a substitute for a money judgment in a personal injury case.5 Williamson v. Williamson, supra, at 367 So. 2d 1019; Smith v. Smith, supra, at 15; Cornelius v. Cornelius, 375 So. 2d 1089, 1092 (Fla. 1st DCA 1979); Klaber v. Klaber, 133 So. 2d 98 (Fla. 2d DCA 1961). Since the alimony award was thus based upon the trial court’s application of an erroneous rule of law, see Cambest v. Cambest, 367 So. 2d 686 (Fla. 3d DCA 1979), that aspect (paragraph 4) of the judgment below must be vacated so that the issue may be reconsidered in the light of the stated principles and authorities.6

We find no merit in any of the other points raised by the appellant. The provision for the husband to pay any medical and dental expenses caused by his condúct; the disposition of the parties’ furniture and the security deposit on their apartment; as well as the requirement that Taylor pay his wife’s reasonable attorney’s fees, were all well within the trial court’s discretion. Herzog v. Herzog, 346 So. 2d 56 (Fla.1977); Shaw v. Shaw, 334 So. 2d 13 (Fla.1976); Creel v. Creel, 378 So. 2d 1251 (Fla. 3d DCA 1979); Winner v. Winner, 370 So. 2d 845, 847 (Fla. 3d DCA 1979).

Affirmed in part, reversed in part and remanded.

. The wife made no such showing below.

. The record does contain some evidence that this had occurred in the present case.

. That this is just what took place is demonstrated most forcefully by the following colloquy between the husband’s counsel and the court at the conclusion of the trial:

“MR. LUCAS: My only response is, Judge, I do not believe alimony is supposed to be punitive and that is the whole way it is handled. It would be punitive.

THE COURT: He should have thought of that before he beat her up.”

. Contrast the situation referred to in Smith v. Smith, supra, at 15, in which the rights of the spouse claiming alimony may be adversely affected by his or her misconduct. E. g., Martin v. Martin, 366 So. 2d 475 (Fla. 3d DCA 1979).

. It is perhaps unfortunate that no such action lies under the present state of the Florida law. Bencomo v. Bencomo, 200 So. 2d 171 (Fla.1967), cert. denied, 389 U.S. 970 (1968); cf. Raisen v. Raisen, 379 So. 2d 352 (Fla.1979); Mims v. Mims, 305 So. 2d 787, 789 (Fla. 4th DCA 1974).

. The court may, in its discretion, take further testimony upon remand.


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