HELEN ELIZABETH GASTER, APPELLANT,
v.
GORDON D. GASTER, APPELLEE

Fla. 4th DCA | 1980-10-29
No. 78-2287
ANSTEAD, HERSEY and GLICK-STEIN, JJ., concur.
391 So. 2d 687 Florida District Court of Appeal, Fourth District (1980) Positive Treatment
Cited by 2 cases

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Synopsis

In this family law appeal, a former wife challenges the alimony and property distribution provisions of a divorce judgment. The Fourth District Court of Appeal affirms the trial court's award of $2,000 monthly permanent alimony and property distribution, finding no abuse of discretion.


Holding

The trial court did not abuse its discretion. The award of permanent periodic alimony of $2,000 monthly is reasonable and not grossly inadequate, and the court properly declined to order the husband's residence interest transferred as lump-sum alimony. While other approaches might be arguable, the trial court's exercise of discretion is affirmed because reasonable men could disagree with the award.


Headnotes

[1] A court may award exclusive possession of a jointly owned marital home to a party as an incident of a support obligation owed to the wife alone.

[2] The exclusive use and possession of marital property may be awarded as a form of rehabilitative alimony when a need has been demonstrated.

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Key Quotes

“Having tested that exercise of discretion by application of the Canakaris 'reasonable man' inquiry and finding that reasonable men could disagree, our authority to deal with that aspect of the judgment is exhausted.”

Establishes the deferential standard of review applied by appellate courts to trial court discretionary decisions in family law matters.

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Facts & Procedural History

The parties, both age 44, were married 20 years with three children (ages 12, 16, and 18). The wife taught for 2 years before leaving to raise the fam…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We have previously withdrawn our opinion of October 29, 1980, in this case, and now substitute for it the following after reconsideration.

Appellant, the former wife, brings this appeal from the alimony and related provisions contained in a final judgment of dissolution of marriage.

The factual background against which the trial court made the determinations now on appeal is uncomplicated and may be simply stated. The parties, both age 44 at the time of the final hearing, had been married 20 years. Three children, now ages 12, 16 and 18 resulted from the union. The wife, after teaching for 2 years, was required to forsake that career to raise a family. Expert medical testimony established that she suffers from a back problem which is approximately 10% disabling. The husband, a stockbroker, can reasonably be expected to earn an annual income in excess of $100,000 and has a net worth that varying testimony placed at between $150,000 and $250,000. The marital homeplace is valued at $120,000, with an equity of approximately $80,000.

The final judgment dissolved the marriage, provided for custody, awarded wife exclusive possession of the marital home, and imposed various financial obligations on the parties. A subsequent order gave the husband certain items of tangible personal property.

As a result of the final judgment, the wife receives $2,000 per month as “permanent alimony” which is to “terminate upon the remarriage of Wife or should she become self-supporting.”

First, we do not accept appellant’s premise that refusal to give the wife the husband’s interest in the jointly owned marital residence as lump-sum alimony was an abuse of discretion. The petition for rehearing correctly points out that Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980), would seem to authorize, under appropriate circumstances, an award of lump sum alimony to ensure am equitable distribution of property acquired during the marriage. While the argument is otherwise apt it ignores the fundamental precept that such discretion is lodged with the trial court rather than with the district court of appeal. Having tested that exercise of discre tion by application of the Canakaris “reasonable man” inquiry and finding that reasonable men could disagree, our authority to deal with that aspect of the judgment is exhausted.

Similarly we are not prepared to overturn the award of permanent, periodic alimony. This court has previously upheld an award of permanent alimony of $1,500 monthly and no lump-sum alimony on facts not entirely dissimilar to those involved here. McAllister v. McAllister, 345 So. 2d 352 (Fla. 4th DCA 1977). While $2,000 per month seems low based upon the financial data presented to the trial court in this case, it is not so grossly inadequate as to constitute an abuse of discretion. We again find that reasonable men could disagree as to its adequacy and therefore feel compelled to affirm under the test propounded in Canakaris v. Canakaris, supra.

Finding, as we now do, that appellant has failed to demonstrate reversible error in the foregoing or in any of the other points raised on appeal, we affirm the final judgment.

AFFIRMED.

ANSTEAD, HERSEY and GLICK-STEIN, JJ., concur.


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Citator

Cited By

  • Edwards v. Edwards, 559 So. 2d 281 (Fla. 4th DCA 1990)
    …he wife’s medical insurance for a period of three years, we cannot conclude that an award of $780 per month in permanent alimony, while on the low side, is an abuse of discretion. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); Gaster v. Gaster, 391 So. 2d 687 (Fla. 4th DCA 1981). Further, although the trial court may have discretion to make the increased award of alimony retroactive to the date of the original final judgment as appellant requests, cf. Wright v. Wright, 411 So. 2d 1334 (Fla. 4th DCA 1982)…

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