DENIS STANLEY ELLIOTT, APPELLANT,
v.
MARY MARGARET ELLIOTT, APPELLEE
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In this dissolution of marriage case, the appellate court affirmed the trial court's division of marital property and lump-sum alimony award, but reversed the awards of permanent periodic alimony and rehabilitative alimony, finding the 84-month rehabilitative alimony award to be manifestly excessive and not supported by the wife's demonstrated need for retraining.
The court affirmed the lump-sum alimony award and property division but reversed the rehabilitative alimony award as manifestly excessive and unsupported by demonstrated need, and remanded the permanent periodic alimony award for reconsideration in light of the reversal of the rehabilitative alimony component.
[1] Rehabilitative alimony is intended to establish the receiving spouse's capacity for self-support through redevelopment of skills or necessary training, and such need must…
[2] An award of rehabilitative alimony for eighty-four months is manifestly excessive when the receiving spouse is already employed in her profession and has voluntarily curt…
Previewing 2 of 4 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“The principal purpose of rehabilitative alimony is to establish the capacity for self-support of the receiving spouse, either through the redevelopment of previous skills or provision of the training necessary to develop potential supportive skills.”
Establishes the legal standard for rehabilitative alimony from Canakaris v. Canakaris, which the court applied to find the wife had no demonstrated need for such alimony.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe former wife holds degrees in music education and nursing, works as an industrial nurse earning $350 per week, and previously operated a pet boardi…
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BARFIELD, Judge.
In this dissolution of marriage case, the former husband appeals the trial court’s awarding of alimony to the former wife and the division of marital property. We find no error in the division of marital property or the lump-sum alimony award of the husband’s interest in the marital home and its contents to the wife. We do find error in the award of permanent periodic alimony and rehabilitative alimony.
The former wife has degrees in music education and nursing and is employed as an industrial nurse at a salary of $350 per week. She also operated a pet boarding and grooming business that grossed approximately $6,000 per year, but she cut back on that business because of her domestic difficulties and the fact that the family’s farm was for sale.
The former husband has a retirement income from the Air Force in the amount of $971 per month. He has additional income as an anesthetist specializing in obstetrics. His income for the twelve months ending November, 1983 was $46,000, and he anticipated income for the year ending April, 1984 of $60,000 to $65,000.
The trial court awarded permanent periodic alimony of $100 per month to the former wife in addition to $400 per month for eighty-four months as rehabilitative alimony to her. In Canakaris v. Canakaris, 382 So. 2d 1197, 1202 (Fla.1980), the court said: “The principal purpose of rehabilitative alimony is to establish the capacity for self-support of the receiving spouse, either through the redevelopment of previous skills or provision of the training necessary to develop potential supportive skills.” Such a need is not demonstrated by this record. Mrs. Elliott is a degreed nurse working in her profession and expressed no need or interest in retraining. Although it is conceivable that rehabilitative alimony of short duration could be granted to allow the former wife to re-establish her pet business, the eighty-four months duration is manifestly excessive. See, e.g., McVey v. McVey, 417 So. 2d 321 (Fla. 4th DCA 1982). Since the $400 per month rehabilitative alimony was effective December 1, 1983, any justification by the pet business has expired. Mrs. Elliott voluntarily allowed the apparently thriving business to decline. This is not an instance of establishing a new business. We therefore reverse the award of rehabilitative alimony.
The former wife’s only established income was $18,000 per year as compared with the husband’s $45,000 to $65,000 earnings in addition to his tax free retirement checks. It is likely that the trial court would have granted a greater amount of permanent periodic alimony if it had realized rehabilitative alimony was inappropriate. The award of permanent periodic alimony is remanded to the trial court for reconsideration in light of this opinion.
This case is AFFIRMED in part, REVERSED in part, and REMANDED for further consideration consistent with this opinion.
JOANOS and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Owens v. Owens, 559 So. 2d 321 (Fla. 1st DCA 1990)…d requires or treats an award as one for permanent periodic alimony for support, usually without limitation of time. E.g. Evans v. Evans, 507 So. 2d 1130 (Fla. 1st DCA 1987); Pierson v. Pierson, 462 So. 2d 613 (Fla. 2d DCA 1985); Elliott v. Elliott, 458 So. 2d 1204 (Fla. 1st DCA 1984); Campbell v. Campbell, 432 So. 2d 666; McNaughten v. McNaughten, 332 So. 2d 673 (Fla. 3d DCA 1976). The record in the instant case indicates that the appellee had worked in appellant’s store during the marriage and presumably po…
Authorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Robinson v. State, 417 So. 2d 321 (Fla. 4th DCA 1982)