JANET L. BASHAW, APPELLANT,
v.
THOMAS A. BASHAW, APPELLEE
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The court held that permanent alimony, not rehabilitative alimony, should have been awarded given the wife's limited earning potential after a long marriage.
A husband earning $500-$600/week and a wife earning $100/week, married for 23 years with two children, were awarded only rehabilitative alimony.…
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LETTS, Chief Judge.
The reversible error in this appeal revolves around a marriage of 23 years duration, two children, a husband earning between $500 and $600 a week and a wife earning approximately $100 a week. Notwithstanding, only rehabilitative alimony of $312.50 a month for two years was awarded. We reverse.
The above facts bring this case squarely within our holding in McAllister v. McAllister, 345 So. 2d 352 (Fla. 4th DCA 1977) and we are of the opinion that permanent alimony should have been awarded. Moreover, as we indicated in both McCloskey v. McCloskey, 359 So. 2d 494 (Fla. 4th DCA 1978) and West v. West, 345 So. 2d 756 (Fla. 4th DCA 1977) there is little reason to suppose that this wife will be substantially better able to support herself two years from now than at present. This being so, the award should be permanent rather than rehabilitative, subject to the ever present authority to modify it if her proposed secretarial training is completed and her income substantially increases, all in accordance with the precepts of Wilson v. Wilson, 279 So. 2d 893 (Fla. 4th DCA 1973).
The other point on appeal with merit concerns the trial Judge’s division of both personal property and real estate in Florida and Texas. Formerly, under the law laid down by the Supreme Court as we perceived it, much of this division of property between the spouses might have constituted reversible error. However, the Supreme Court, in a landmark decision, appears to have approved the trial Judge’s course of conduct in this case. See Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. Case No. 54124, Opinion filed March 27, 1980).
Accordingly, the Final Judgment is approved in all respects with the exception that the award of rehabilitative alimony is herewith reversed and set aside in favor of a permanent periodic award in the same sum.
REVERSED AND REMANDED FOR THE ENTRY OF A JUDGMENT IN ACCORDANCE HEREWITH.
DOWNEY and MOORE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nichols v. Nichols, 418 So. 2d 1198 (Fla. 5th DCA 1982)…980) (Court defines types of alimony as amounts paid by financially able former spouses to needy former spouses). . See also Golden v. Golden, 395 So. 2d 1255 (Fla. 1st DCA 1981); Stiff v. Stiff, 395 So. 2d 573 (Fla. 2d DCA 1981); Bashaw v. Bashaw, 382 So. 2d 1352 (Fla. 4th DCA 1980); Gratton v. Gratton, 358 So. 2d 262 (Fla. 3d DCA 1978).…
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Kaylor v. Kaylor, 390 So. 2d 752 (Fla. 4th DCA 1980)…, coupled with the other circumstances attendant to the breakup of this long term marriage would usually result in an entitlement to permanent rather than rehabilitative alimony. Wagner v. Wagner, 383 So. 2d 987 (Fla 4th DCA 1980); Bashaw v. Bashaw, 382 So. 2d 1352 (Fla. 4th DCA 1980); Garrison v. Garrison, 380 So. 2d 473 (Fla. 4th DCA 1980); Patin v. Patin, 371 So. 2d 682 (Fla. 4th DCA 1979); Kvittem v. Kvittem, 365 So. 2d 791 (Fla. 4th DCA 1978); Langstaff v. Langstaff, 363 So. 2d 399 (Fla. 4th DCA [*755] 19…
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Bashaw v. Bashaw, 412 So. 2d 433 (Fla. 4th DCA 1982)…xcept for the rehabilitative alimony. Excluding anticipated changes, the disparity has not changed substantially. Thus, no error has been demonstrated in the order appealed from. AFFIRMED. LETTS, C. J., and HURLEY, J., concur. . Bashaw v. Bashaw, 382 So. 2d 1352 (Fla. 4th DCA 1980).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- McALLISTER v. McALLISTER, 345 So. 2d 352 (Fla. 4th DCA 1977)
- Mazel & Broche, Inc. v. First Fed. Sav. & Loan Ass'n OF Miami, 279 So. 2d 893 (Fla. 3d DCA 1973)
- McCLOSKEY v. McCLOSKEY, 359 So. 2d 494 (Fla. 4th DCA 1978)
- West v. West, 345 So. 2d 756 (Fla. 4th DCA 1977)