DANIEL THOMAS EDGINGTON, APPELLANT,
v.
SANDRA GAIL MADSEN EDGINGTON, APPELLEE
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PER CURIAM.
Appellant/Cross-Appellee, Daniel Thomas Edgington, appeals an award of rehabilitative alimony. Appellee/Cross-Appellant, Sandra Gail Madsen Edgington, appeals the amount of rehabilitative alimony. We affirm in part, and reverse in part.
This was a childless and short term marriage. Although, the wife owned the parties’ major assets, the trial court awarded the wife rehabilitative alimony for four years.
An award of rehabilitative alimony must be supported by record evidence that the former spouse needed assistance to regain the ability for self-support. Edwards v. Edwards, 529 So. 2d 777 (Fla. 3d DCA 1988). Here, there was no record evidence to support the need for assistance. Therefore, an award of rehabilitative alimony was error. Since we conclude that any award of rehabilitative alimony was error, the wife’s cross-appeal is moot. The final judgment of dissolution of marriage is affirmed in all other respects.
Affirmed in part, reversed in part.
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Deas v. Deas, 592 So. 2d 1221 (Fla. 1st DCA 1992)…hat the party has the ability through retraining or education to provide for a standard of living reasonably commensurate with the standard established during the marriage. Akers v. Akers, 582 So. 2d 1212 (Fla. 1st DCA 1991); Edgington v. Edgington, 588 So. 2d 1055 (Fla. 3rd DCA 1991). The rehabilitative [*1223] award must only be made to the extent that the other party has the ability to pay. Id. at 1218. It is not apparent from the record that either contention was proven. The wife presented no evidence conc…
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Sierra v. Dayami Sierra, 776 So. 2d 966 (Fla. 3d DCA 2000)…nce to a spouse while he or she regains the ability for self-support which may have been interrupted by the marriage. See Ingram v. Ingram, 750 So. 2d 130 (Fla. 2d DCA 2000); Berki v. Berki 636 So. 2d 532 (Fla. 5th DCA 1994); Edgington v. Edgington, 588 So. 2d 1055 (Fla. 3d DCA 1991). Where, as is the case here, the evidence shows that the marriage did not affect the spouse’s ability to obtain the same or similar employment after the parties’ separation, an award of rehabilitative alimony is unwarranted. See,…
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Ritter v. Kieszkowski, 980 So. 2d 1271 (Fla. 3d DCA 2008)…ield; and there was no evidence in this record that the former wife’s earning ability suffered during this marriage. See Sierra v. Sierra, 776 So. 2d 966 (Fla. 3d DCA 2000); Sutton v. Hart, 746 So. 2d 1175 (Fla. 3d DCA 1999); Edgington v. Edgington, 588 So. 2d 1055 (Fla. 3d DCA 1991); Edwards v. Edwards, 529 So. 2d 777 (Fla. 3d DCA 1988); Poppe v. Poppe, 412 So. 2d 38 (Fla. 3d DCA 1982). We therefore reverse and vacate the award of rehabilitative alimony and the loan provision with directions that any amounts…
Authorities Cited
- Edwards v. Lida Torres Edwards, 529 So. 2d 777 (Fla. 3d DCA 1988)