FRANCES FRISCH HEBERT, APPELLANT,
v.
FRANCIS JOSEPH HEBERT, APPELLEE
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In this divorce appeal, the First District Court of Appeal affirmed the trial court's award of rehabilitative alimony rather than permanent alimony, and upheld the division of the marital home with a purchase option for the husband. The court held that the trial court properly reserved jurisdiction to reconsider permanent alimony after two years based on the wife's health.
The court affirmed the award of rehabilitative alimony, finding that the trial court's reservation of jurisdiction to reconsider permanent alimony at the end of two years was appropriate and did not constitute a finding that the wife was ineligible for permanent alimony. The court also affirmed the division of the marital home and the purchase option, finding no abuse of discretion.
[1] Rehabilitative alimony may be awarded for a specific period with jurisdiction reserved to reconsider permanent alimony based on the recipient's health and other factors a…
[2] A trial court does not abuse its discretion in denying a special equity in a marital home when the parties' contributions were equalized and they agreed to an identical i…
Previewing 2 of 4 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“the wife is too ill at the present time to be self-sustaining and is therefore awarded rehabilitative alimony in the sum of $500 per month for a period of two (2) years”
The trial court's award of rehabilitative alimony based on the wife's illness and incapacity to work.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceFrances and Francis Hebert divorced. The wife was ill and unable to work at the time of trial. She had initially contributed more than half the purcha…
The full statement of facts, procedural history, and disposition for this case are member content.
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BOOTH, Judge.
This cause is before us on appeal and cross-appeal from the final judgment of dissolution of marriage, which judgment is, in pertinent part, as follows:
The Court finds that the wife is too ill at the present time to be self-sustaining and is therefore awarded rehabilitative alimony in the sum of $500 per month for a period of two (2) years, payable the first day of each month, beginning September 1, 1978. The Court specifically reserves jurisdiction of this issue to determine at the expiration of said period if the wife’s health has been restored. Should the wife die or marry within the said two years, all alimony payments shall terminate.
On appeal, the appellant/wife contends the trial court erred in failing to award permanent alimony. The amount of the alimony awarded is not an issue on appeal. We have reviewed the record and find that the evidence amply supports the trial court’s finding that the wife is too ill to work at this time. We consider that the above-quoted judgment awarding rehabilitative alimony does not constitute a finding that the wife is not eligible for permanent alimony. On the contrary, the trial court has specifically reserved jurisdiction of this issue to be determined at the end of two years. At that time, the trial court will appropriately take into consideration the state of appellant’s health, as well as the other factors bearing on her entitlement to an award of permanent alimony, as most recently stated by the Supreme Court in Canakaris v. Canakaris, 382 So. 2d 1197 (1980), and in accord with Florida Statutes § 61.08, and the decisions of this court in Brown v. Brown, 300 So. 2d 719 (Fla. 1st DCA 1974), cert. dismissed, 307 So. 2d 186 (Fla.1974), and Collinsworth v. Collinsworth, (Fla. 1st DCA opinion filed Feb. 15, 1980).
Appellant also contends the trial court erred in limiting her to a one-half interest in the jointly held marital domicile and in allowing appellee a 90-day option to purchase her interest at a set amount. The record fails to establish that the trial court abused its discretion in making these determinations. Although the wife initially contributed more than half the purchase price of the house from her separate funds, the husband subsequently repaid her the excess of her contribution over one-half; and the parties entered into an agreement reciting their intention that each have an identical investment in the house. Based on these facts, the trial court denied the wife a special equity.
Concerning the option to purchase allowed to the husband, we note that the husband is given custody of the two minor sons of the parties, a matter not at issue on this appeal, and that the option arrangement facilitates maintenance of the family home for the benefit of the children and the parent having custody. The amount of the option is supported by evidence of record as to the present value of the home, and the time allowed for exercise of the option is reasonable.
Other points on appeal and on cross-appeal have been considered and found to be without merit.
Accordingly, the judgment below is AFFIRMED.
ROBERT P. SMITH, Jr., and ERVIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Brown v. Brown, 300 So. 2d 719 (Fla. 1st DCA 1974)
- Henzel v. State, 307 So. 2d 186 (Fla. 1975)
- Brown v. State Farm Mut. Auto. Ins. Co., 307 So. 2d 186 (Fla. 1975)