PAULA M. MCCAY, APPELLANT,
v.
WILLIAM JAMES MCCAY, APPELLEE

Fla. 1st DCA | 1982-05-05
No. AF-82
ERVIN and SHIVERS, JJ., concur., WENTWORTH, J., concurring specially with opinion.
413 So. 2d 814 Florida District Court of Appeal, First District (1982) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

[*815] PER CURIAM.

AFFIRMED.

ERVIN and SHIVERS, JJ., concur. WENTWORTH, J., concurring specially with opinion.

Concurrence
WENTWORTH, Judge,

WENTWORTH, Judge,

specially concurring.

Although I agree with the conclusion for affirmance of the result-reached below, I would find that the award to appellant of $100 per month for one year should not have been classified as rehabilitative alimony, the purpose of which is to provide for payments during a period of adjustment toward self support at the standard of living established during the marriage. Robinson v. Robinson, 866 So. 2d 1210 (Fla. 1st DCA 1979). The wife in this case was 68 years old. She had apparently, throughout the marriage, been self supporting. The award is accordingly not rehabilitative in character. On the contrary, the final judgment specifically states that the purpose of the award is to assist the wife in liquidating mortgages presently encumbering her separate property. I would therefore affirm the award as lump sum alimony, payable in installments, but note that the trial court erred in calling it rehabilitative alimony. See Yandell v. Yandell, 39 So. 2d 554 (Fla.1949).


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  • Faircloth v. Faircloth, 449 So. 2d 412 (Fla. 2d DCA 1984)
    …abilitative type of alimony. The lump sum nature of the award does not indicate that the lower court erroneously characterized the award as rehabilitative alimony. The purpose of the award, not the form, determines its character. See McCay v. McCay, 413 So. 2d 814 (Fla. 1st DCA 1982). The trial court has discretion to determine how the payments will be made. § 61.08, Fla.Stat. (1981). Further, in regard to rehabilitative alimony, a lump sum award paid in installments has the same effect as an award of a fixed…

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