PAUL A. POPPE, APPELLANT,
v.
JEAN I. POPPE, APPELLEE
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Court vacated rehabilitative alimony and attorney's fees awards where wife, a certified teacher with master's degree and secretarial training, was self-supporting and financially equal to husband.
A wife with professional qualifications and self-supporting income is not entitled to rehabilitative alimony or attorney's fees merely because she wishes to pursue a different career interest.
[1] Rehabilitative alimony is not available to a spouse who does not require financial assistance for vocational or other training to regain a useful and constructive role in…
[2] Attorney's fees in dissolution proceedings require a showing of financial disparity between the parties; equal financial positions preclude such an award.
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Join FLexlaw to unlock all legal intelligenceMr. Poppe, an Air Force pilot, and Mrs. Poppe, a certified teacher with a master's degree and legal secretarial training, divorced. Mrs. Poppe receive…
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BASKIN, Judge.
We vacate the provision in the final judgment of dissolution ordering the husband, an Air Force pilot, to pay his wife rehabilitative alimony. Although Mrs. Poppe is a certified teacher with a master’s degree and is a trained legal secretary, she wishes to pursue her interest in writing religious music. The record reflects, however, that Mrs. Poppe does not require financial assistance to regain a useful and constructive role in society. In the absence of a need for vocational or other training, she is not entitled to receive rehabilitative alimony. Mertz v. Mertz, 287 So. 2d 691 (Fla.2d DCA 1974); see Scott v. Scott, 408 So. 2d 1089 (Fla.3d DCA 1982); Kellner v. Kellner, 388 So. 2d 1274 (Fla. 4th DCA 1980).
Mrs. Poppe received a half interest in the parties’ real and personal property and is self-supporting. Her husband is responsible for one son’s college expenses along with custody of the minor child. Since Mrs. Poppe is in a financial position equal to that of her husband, she is not entitled to an award of attorney’s fees. Pepper v. Pepper, 388 So. 2d 1342 (Fla. 3d DCA 1980); Caldwell v. Caldwell, 383 So. 2d 1115 (Fla. 3d DCA 1980); Mertz v. Mertz, supra; see Bucci v. Bucci, 350 So. 2d 786 (Fla. 3d DCA 1977); Reback v. Reback, 296 So. 2d 541 (Fla. 3d DCA 1974), cert. denied, 312 So. 2d 737 (Fla.1975).
For these reasons, we vacate the awards pertaining to rehabilitative alimony and attorney’s fees but affirm the remainder of the final judgment.
Affirmed in part, reversed in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (25 total)
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Seitz v. Seitz, 471 So. 2d 612 (Fla. 3d DCA 1985)…resent case places the parties in equal financial positions and, therefore, the award of attorney’s fees to the wife was error. Arsht v. Arsht, 467 So. 2d 421 (Fla. 3d DCA 1985); Cortina v. Cortina, 461 So. 2d 964 (Fla. 3d DCA 1984); Poppe v. Poppe, 412 So. 2d 38 (Fla. 3d DCA 1982); Golden v. Golden, 410 So. 2d 945 (Fla. 3d DCA), review denied, 419 So. 2d 1197 (Fla.1982); Bullard v. Bullard, 380 So. 2d 1090 (Fla. 3d DCA 1980); Bucci. Accordingly, the final judgment of dissolution is affirmed but the order a…
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Ardith Nisbeth v. Nisbeth, 568 So. 2d 461 (Fla. 3d DCA 1990)…ircumstances and a party’s ability to pay attorney’s fees. Martinez-Cid v. Martinez-Cid, 559 So. 2d 1177 (Fla. 3d DCA 1990); Kuse v. Kuse, 533 So. 2d 828 (Fla. 3d DCA 1988); Blackburn v. Blackburn, 513 So. 2d 1360 (Fla. 2d DCA 1987); Poppe v. Poppe, 412 So. 2d 38 (Fla. 3d DCA 1982); Hudgens v. Hudgens, 411 So. 2d 354 (Fla. 2d DCA 1982). In this case there is a clear difference in the parties’ earning capacities which results in a significant disparity in the parties’ overall financial circumstances. Thus, ev…
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State v. Milwood, 430 So. 2d 563 (Fla. 3d DCA 1983)…ase. This court has previously determined in the context of several airport search cases that a search is lawful where the defendant freely and voluntarily consents to the search after being advised of his right to refuse permission. Jones v. State, 412 So. 2d 38 (Fla. 3d DCA 1982); State v. Henry, 390 So. 2d 92 (Fla. 3d DCA 1980); Husted v. State, 370 So. 2d 853 (Fla. 3d DCA 1979) (trier of fact may find such warning breaks connection with any prior illegal police activity so as to render subsequent consent…
Previewing 3 of 25 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Reback v. Reback, 296 So. 2d 541 (Fla. 3d DCA 1974)
- Hernandez v. Hernandez, 287 So. 2d 691 (Fla. 2d DCA 1973)
- Mertz v. Mertz, 287 So. 2d 691 (Fla. 2d DCA 1973)
- Bucci v. Bucci, 350 So. 2d 786 (Fla. 3d DCA 1977)
- Pepper v. Pepper, 388 So. 2d 1342 (Fla. 3d DCA 1980)
- Sweetwater Util. Corp. v. Save OUR BAY, Inc., 312 So. 2d 737 (Fla. 1975)
- Legis. Auditing Comm. OF Legis. v. Bussey, 312 So. 2d 737 (Fla. 1975)
- Roscoe Eugene Caldwell v. Caldwell, 383 So. 2d 1115 (Fla. 3d DCA 1980)
- In the Interest of W. L. F., 408 So. 2d 1089 (Fla. 4th DCA 1982)
- Kellner v. Kellner, 388 So. 2d 1274 (Fla. 4th DCA 1980)