RICHARD WILLIAM GRIFFITH, APPELLANT,
v.
PATRICIA ANNE THOMAS GRIFFITH, APPELLEE

Fla. 5th DCA | 1988-08-04
No. 87-1817
COWART and DANIEL, JJ., concur.
528 So. 2d 1325 Florida District Court of Appeal, Fifth District (1988) 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.

Synopsis

Richard Griffith appeals a dissolution judgment, challenging the distribution of marital assets and the award of permanent alimony to his ex-wife Patricia. The court affirmed the asset distribution but reversed the permanent alimony award, finding that the wife's advanced education, good health, and work experience demonstrated capacity for self-support despite her choice to remain home caring for their daughter.


Holding

The court reversed the permanent alimony award, holding that permanent alimony requires a finding that one spouse is unable to be self-supporting, and that the wife's education, health, age, and work experience demonstrated capacity for self-support despite her election to remain home as a full-time mother.


Headnotes

[1] A spouse's desire to devote full time and attention to a gifted child, while laudable, cannot alter the basic alimony considerations of need and ability to be self-suppor…

[2] Permanent alimony should not be awarded absent a finding that one spouse is unable to be self-supporting.

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

Key Quotes

“Implicit in any determination that permanent alimony should be awarded is a finding that one spouse is in some way unable to be self-supporting.”

Establishes the fundamental legal standard for permanent alimony awards, requiring proof of inability to be self-supporting.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

The parties married in 1964 and maintained an open marriage until 1978, when the wife became pregnant. The wife has a bachelor's degree, master's degr…

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
COBB, Judge.

COBB, Judge.

Richard Griffith appeals a final judgment of dissolution, contending that the trial court erred in distributing proceeds from the sale of the marital home and in awarding permanent, periodic alimony to his former wife, appellee Patricia Griffith. We affirm the trial court’s distribution of assets, but reverse the award of permanent, periodic alimony.

The wife was 42 years of age and in good health at the time of the final hearing, has a bachelor’s degree, a master’s degree and a Ph.D in comparative literature, and has worked as a Russian translator and a supervisor for Western Electric. The parties were married in 1964, but maintained an “open” marriage until 1978, when the wife became pregnant. She earned $23,000 in 1978. After the birth of her child, in 1979, the wife chose not to work and stayed at home with her daughter, who is mentally gifted and in the upper one percent I.Q. range. After rejoining each other in 1978, the parties lived in comfortable circumstances, and at the time of dissolution the husband was employed at a gross annual salary of some $83,000, the net salary being $43,800.

The dissolution judgment awarded the wife the following: child support in the amount of $645 per month; rehabilitative alimony at $430 per month for six months; and permanent, periodic alimony of $860 per month. The judgment also required the husband to maintain medical and dental health insurance, to pay two-thirds of uncovered expenses, and to pay two-thirds of outstanding obligations of the parties. Additionally, the wife was awarded lump sum alimony of $3,500 to equalize IRA accounts, together with one-half of the husband’s annuity plan and an automobile. The parties shared some $81,000 netted from the sale of their home.

In Woodard v. Woodard, 477 So. 2d 631 (Fla. 4th DCA 1985), review denied, 492 So. 2d 1336 (Fla.1986), the Fourth District reversed a permanent alimony award granted in the dissolution of a 34-year marriage, observing that the length of a marriage and the sex of a party should not be determinative in granting or denying permanent alimony. Judge Anstead’s opinion in Woodard stated:

Implicit in any determination that permanent alimony should be awarded is a finding that one spouse is in some way unable to be self-supporting....

Id. at 633.

In the instant case, there is no evidence that the wife is in any way disabled or unable to support herself. She lived separately and supported herself for several years during the instant marriage. She is 42 years of age, in good health, and has unusual educational qualifications, as well as considerable work experience. Her desire to devote her full time and attention to a gifted child, while perhaps laudable, cannot alter the basic alimony considerations of need and ability. At oral argument counsel for the husband persuasively observed that if the situations of the parties herein were reversed — i.e., the wife had the husband’s salary and he had primary custody and the educational and occupational experience of the wife — there is no judge who would grant him permanent alimony. A review of the cases that have come before this court support that argument.

It may be that the wife’s advanced education status requires updating in order to maximize her capacity for self-support; but any diminution of that capacity in recent years by reason of her election to be a full-time mother at home for a young child cannot be logically equated with permanent incapacity for self-support.

We affirm the judgment below except for the award of permanent alimony, which we reverse.

AFFIRMED in part; REVERSED in part; and REMANDED.

COWART and DANIEL, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Stewart v. Stewart, 696 So. 2d 1237 (Fla. 5th DCA 1997)
    …5th DCA 1988); Campbell v. Campbell, 432 So. 2d 666 (Fla. 5th DCA 1983), rev. dismissed, 453 So. 2d 1364 (Fla.1984). A determination that permanent alimony should be awarded implies that one spouse is incapable of self-support. Griffith v. Griffith, 528 So. 2d 1325, 1326 (Fla. 5th DCA 1988). That incapacity is not demonstrated by the instant record. It is understandable that the trial judge in this ease made no attempt to comply with the requirements of section 61.08(1) and (2), Florida Statutes, in respect t…
  • Wiesenfeld v. Wiesenfeld, 95 So. 3d 959 (Fla. 1st DCA 2012)
    …retroactively. Vitro v. Vitro, — So. 3d —, 2012 WL 2012458 (Fla. 4th DCA 2012); Cleary v. Cleary, 872 So. 2d 299, 303 (Fla. 2d DCA 2004). Permanent alimony is based on the concept the requesting party cannot be self-supporting. Griffith v. Griffith, 528 So. 2d 1325, 1326 (Fla. 5th DCA 1988). Therefore, where alimony or its modification is at issue, the trial court must determine the payee’s actual financial need. Potter v. Potter, 477 So. 2d 67, 68 (Fla. 1st DCA 1985). A trial court is authorized to modify ali…
  • Ennis v. Ennis, 613 So. 2d 564 (Fla. 5th DCA 1993)
    …periodic alimony. See Kennedy v. Kennedy, 303 So. 2d 629 (Fla.1974); Siegel v. Siegel, 564 So. 2d 226 (Fla. 5th DCA 1990); Fulks v. Fulks, 558 So. 2d 205 (Fla. 2d DCA 1990); Rezner v. Rezner, 553 So. 2d 334 (Fla. 4th DCA 1989); Griffith v. Griffith, 528 So. 2d 1325 (Fla. 5th DCA 1988); Evans v. Evans, 443 So. 2d 233 (Fla. 1st DCA 1983); Snider v. Snider, 371 So. 2d 1056 (Fla.3d DCA 1979), cert. denied, 383 So. 2d 1202 (Fla.1980); Peck v. Peck, 291 So. 2d 211 (Fla. 4th DCA), cert. denied, 301 So. 2d 776 (Fla.19…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw