WILLIAM DE FOREST THOMPSON, APPELLANT,
v.
TOBITHA THOMPSON, APPELLEE

Fla. 4th DCA | 1989-07-07
No. 87-1356
DOWNEY and GLICKSTEIN, JJ., and SNYDER, ARTHUR L, Associate Judge, concur.
546 So. 2d 99 Florida District Court of Appeal, Fourth District (1989) Positive Treatment
Cited by 16 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

In this marriage dissolution appeal, the former husband challenges the trial court's property distribution, permanent alimony, and attorney's fees awards. The court affirms, holding that the trial court's economic scheme was reasonable under established Florida law and that the former wife's contributions to the husband's legal education and career justified the alimony awards. The court certifies a question of great public importance regarding whether professional association goodwill may be considered in property distribution.


Holding

The court affirmed the trial court's judgment, finding no abuse of discretion in the overall economic scheme. The distribution and alimony awards were reasonable given the wife's substantial contributions to the husband's education and career development. The court also certified a question of great public importance regarding whether professional association goodwill may be included in property valuations during dissolution proceedings.


Headnotes

[1] A special equity in property may arise from contributions made over and above the performance of normal marital duties.

[2] A spouse may be entitled to a special equity in marital property based on extraordinary contributions to the marriage, even if those contributions come from marital earni…

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Key Quotes

“Distribution of existing marital assets, and award of permanent periodic alimony, lump sum alimony, child support, special equity and exclusive use of jointly owned property as remedies in dissolution orders are parts of an overall scheme that should be reviewed not piecemeal but as a whole, applying the abuse of discretion standard.”

Establishes the governing standard for reviewing dissolution orders as an integrated whole rather than individual components

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Facts & Procedural History

The parties were married for twenty-three years. During the first four years, the former wife worked as an economic provider, homemaker, and mother wh…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The former husband appeals from property distribution, permanent alimony and award of attorney’s fees provisions of the trial court’s final judgment of dissolution. We affirm.

The guiding principles for this opinion, as for many marriage dissolution cases, are found in Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980), Tronconi v. Tronconi, 466 So. 2d 203 (FIa.1985), and their progeny. These principles may be expressed as follows:

(1) Distribution of existing marital assets, and award of permanent periodic alimony, lump sum alimony, child support, special equity and exclusive use of jointly owned property as remedies in dissolution orders are parts of an overall scheme that should be reviewed not piecemeal but as a whole, applying the abuse of discretion standard. If a reasonable person could have concluded as did the trial court, there has been no abuse of discretion.

(2) Generally, marital assets should be distributed equally, unless a disparity is shown in the respective parties’ contributions, or another relevant factor justifies a variation. (3) In awarding lump sum alimony, the court should consider all relevant circumstances in order to assure equity and justice between the parties. It should be awarded only in special circumstances, such as where, for example, the receiving spouse assisted the paying spouse in accumulating property; and where the paying spouse’s financial condition makes it possible without jeopardy to that party’s business, profession or employment. This principle, expressed in Canakaris, is lifted directly from and attributed to the opinion in Yandell v. Yandell, 39 So. 2d 554 (Fla. 1949).

In the instant case, the former wife acted during four early years of this twenty-three year marriage simultaneously as mother, housekeeper, and substantial economic provider, while the husband completed his collegiate and legal education. Thereafter she bent her energies primarily to a career as wife and mother, managing the household and rearing the parties’ children. Upon becoming a member of the bar, the husband, after a more or less average start insofar as level of professional earnings is concerned, has, in the last several years, developed an impressively lucrative plaintiff’s practice in personal injury and medical malpractice cases.

Applying the guiding principles cited above, we conclude that a reasonable person could have created the economic scheme employed by the trial court in this case. It is not lopsidedly in favor of the former wife, as the former husband urges. The record fails to support the former husband’s supposition that the trial court wished to punish him for adultery. The level of periodic alimony awarded is in line with the husband’s voluntary payments during the parties’ separation preceding the dissolution, the former wife’s needs and the former husband’s financial ability. The lump sum alimony, payable over a period of years, may be perceived as recognition, in some measure, of the former wife’s extraordinary part in making the husband’s successful professional career possible. The award of attorney’s fees and costs to the former wife appears justified.

There is no compelling reason to conclude that the trial court factored in the value of the husband’s professional association’s good will in making the property distribution. Nevertheless, inasmuch as this is an issue herein, we certify the following question as being one of great public importance:

IN MARRIAGE DISSOLUTION PROCEEDINGS TO WHICH AN OWNER OF A PROFESSIONAL ASSOCIATION IS A PARTY, MAY THE VALUE OF THE PROFESSIONAL ASSOCIATION’S GOOD WILL BE FACTORED IN IN DETERMINING THE PROFESSIONAL ASSOCIATION’S VALUE?

Attention of bench and bar is called to Miller, Professional Goodwill, The Phantom Asset?, 14 The Family Law Commentator (1989). The article discusses the above issue in light of the Florida Supreme Court’s declination of jurisdiction to review Moebus v. Moebus, 529 So. 2d 1163 (Fla. 3d DCA 1988), rev. denied, 539 So. 2d 475 (Fla. 1989), which opinion answers this question in the negative.

DOWNEY and GLICKSTEIN, JJ., and SNYDER, ARTHUR L, Associate Judge, concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Hamlet v. Hamlet, 583 So. 2d 654 (Fla. 1991)
    …sets and an award of permanent periodic alimony, inter alia, as remedies in a dissolution proceeding, are parts of an overall scheme that should be reviewed ‘not piecemeal but as a whole.’ ” Id. (Sharp, J., dissenting) (quoting Thompson v. Thompson, 546 So. 2d 99, 100 (Fla. 4th DCA 1989)). The dissent also noted that the record could support the conclusion that the amount of marital assets awarded to the wife differed from that awarded to the husband, and, consequently, periodic alimony could be considered a…
  • William deForest Thompson v. Tobitha Thompson, 576 So. 2d 267 (Fla. 1991)
    …McDonald, justice. We review Thompson v. Thompson, 546 So. 2d 99, 100 (Fla. 4th DCA 1989), in which the district court certified the following question as one of great public importance: In marriage dissolution proceedings to which an owner of a professional association is a party, may the value of the professio…
  • Kuharsky v. Kuharsky, 582 So. 2d 78 (Fla. 4th DCA 1991)
    …ump-sum alimony, the standard of review is abuse of discretion. Poitier v. Poitier, 458 So. 2d 428 (Fla. 3d DCA 1984). “If a reasonable person could have concluded as did the trial court, there has been no abuse of discretion.” Thompson v. Thompson, 546 So. 2d 99 (Fla. 4th DCA 1989). In view of the wife’s extraordinary contributions to the financial aspect of the marriage, we find the award of lump-sum alimony appropriate. This determination and our analysis of the issue does not depend upon the correctness…

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