MARY DOMINICK WEEKS, APPELLANT,
v.
LUCIUS HENRY WEEKS, APPELLEE

Fla. 4th DCA | 1982-04-07
No. 81-633
LETTS, C. J., and HERSEY, J., concur.
416 So. 2d 811 Florida District Court of Appeal, Fourth District (1982) Positive Treatment
Cited by 6 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court held that the trial court abused its discretion by awarding insufficient permanent periodic alimony, but did not err in denying the marital home as lump sum alimony or in the amount of attorney fees awarded.


Headnotes

[1] Permanent periodic alimony should provide a former spouse with the needs and necessities of life as established by the marriage, considering the receiving spouse's needs…

[2] A trial court abuses its discretion when the awarded permanent periodic alimony is insufficient to meet the demonstrated needs of the receiving spouse, considering the st…

Previewing 2 of 5 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

Facts & Procedural History

The wife, with no income and health issues, sought $400/week in alimony after a 26-year marriage. The husband earned $112,000 annually. The trial cour…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
DELL, Judge.

DELL, Judge.

This is an appeal from a final judgment of dissolution of marriage wherein the wife challenges the amount of alimony and attorneys fees awarded to her and contends that she should have also received the marital home as lump sum alimony.

The parties were married for 26 years. The wife is 47 years old and the husband is 49 years old. The husband is a bank president and earns an annual salary of approximately $112,000. He owns stock, valued at about $50,000, which has been pledged as security for several loans. His net equity in the stock is just over $15,000. The loans for which the husband is individually liable total $41,000. The jointly owned marital home is valued at $274,000 of which approximately $158,000 is equity. The wife has no individually owned assets and no source of income other than the husband. She has completed 2V2 years of college and worked part-time as a substitute teacher. Her other employment has been as a fashion show coordinator and floating employee for a department store.

However, she has not worked for the past seven years. Throughout the marriage the wife suffered from severe, and occasionally disabling, migraine headaches. She also sustained a compression fracture of a vertebrae following an accident. Although discharged by her physician to pursue normal activities, she, nevertheless, experiences difficulty lifting heavy objects and doing strenuous work.

According to her testimony, she requires $400.00 per week in order to maintain a life style comparable to that which was provided by the husband. She was awarded $300.00 per week as permanent periodic alimony. Additionally, the trial court ordered that the marital home be sold and that the wife receive lh of the proceeds. The court also awarded $12,000.00 in attorney fees payable in monthly installments of $1,000.

Permanent periodic alimony should provide a former spouse with the needs and necessities of life, as they have been established by the marriage of the parties. In determining permanent periodic alimony, the two primary considerations are the monetary needs of the receiving spouse and the ability of the other spouse to pay. The criteria for establishing this need include the parties’ earning ability, age, health, education, the duration of marriage, the standard of living enjoyed during its course, and the value of the parties’ estates. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980). We recognize that the discretion as to whether an award of periodic alimony is appropriate lies exclusively with the trial court.

However, it is the responsibility of an appellate court to determine whether the exercise of such discretion was “reasonable.” Canakaris, supra.

In itemizing her needs, on a weekly basis, the wife testified that she required $100.00 for food, $25.00 for medicine, $45.00 for clothing, and $35.00 to employ a maid as she had throughout the marriage. The husband’s testimony establishes that the wife’s cost of housing would be approximately $150.00 per week.

Thus, even without considering such items as insurance, taxes, utilities, medical bills, car maintenance, gas and incidentals, the wife’s needs exceed the weekly alimony of $300.00. It is obvious that the wife needs a minimum of $400.00 per week to maintain a lifestyle similar to that provided by the husband. Her estimation of expenses was extremely conservative and did not even allow for establishing a residence once the marital home was sold. In our view, the trial court abused its discretion in failing to award the alimony requested by the wife. Further, the husband’s ability to pay such alimony is clearly demonstrated by the record.

However, we hold that the trial court did not abuse its discretion in failing to award the wife the marital home as lump sum alimony, nor did it err in the amount of attorneys fees awarded her counsel.

Accordingly, the final judgment is reversed and remanded with instructions to increase the amount of permanent periodic alimony to $400.00 per week. Otherwise, the final judgment is affirmed.

AFFIRMED IN PART, REVERSED IN PART.

LETTS, C. J., and HERSEY, J., concur. BY ORDER OF THE COURT:

Appellant’s Motion for Clarification of this Court’s opinion in the above styled cause dated April 7, 1982 is granted. The trial court is directed to increase the amount of permanent periodic alimony payable to the appellant from $300.00 per week to $400.00 per week retroactively from March 16, 1981, the date of the Final Judgment of Dissolution of Marriage in this cause.

Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Salazar v. Orestes Salazar, 976 So. 2d 1155 (Fla. 4th DCA 2008)
    …Two primary considerations in determining permanent periodic alimony are ‘the monetary needs of the receiving spouse and the ability of the other spouse to pay.’ ” Lamont v. Lamont, 851 So. 2d 898, 899-900 (Fla. 4th DCA 2003) (citing Weeks v. Weeks, 416 So. 2d 811, 812 (Fla. 4th DCA 1982)). In Lamont, the parties were married for twenty-three years. Id. at 899. During the separation, the husband had a total monthly income of $2,993 and the wife had a monthly social security income of $525. Id. In the final ju…
  • Cifrian v. Cifrian, 715 So. 2d 1068 (Fla. 4th DCA 1998)
    …e alimony award was considered the former wife’s only income. In considering an alimony award, the trial court must consider, among other things, the monetary needs of the receiving spouse and the ability of the other spouse to pay. Weeks v. Weeks, 416 So. 2d 811, 812 (Fla. 4th DCA 1982); also § 61.08(2), Fla. Stat. (1995). The trial court’s grant of alimony is subject to an abuse of discretion standard of review. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980). “[T]he test is whether any reasonable perso…
  • Lamont v. Lamont, 851 So. 2d 898 (Fla. 4th DCA 2003)
    …of $1,525. The husband’s total monthly income is approximately $2,993. Two primary considerations in determining permanent periodic alimony are “the monetary needs of the receiving spouse and the ability of the other spouse to pay.” Weeks v. Weeks, 416 So. 2d 811, [*900] 812 (Fla. 4th DCA 1982); see also § 61.08(2)(a)-(g), Fla. Stat. (2002). Permanent alimony is awarded to enable the former spouse to maintain the lifestyle enjoyed during the marriage. See Kneeht v. Knecht, 629 So. 2d 883, 887 (Fla. 3d DCA 19…

Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw