DON SCOTT HARVEY, APPELLANT,
v.
AMY W. HARVEY, APPELLEE
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.
In this dissolution of marriage appeal, the court affirmed the award of permanent periodic alimony and attorney's fees to the wife, but reversed the lump sum alimony award because it was based solely on earning capacity disparity rather than on recognized legal grounds for lump sum alimony. The court remanded for consideration of rehabilitative alimony.
The trial court erred in awarding lump sum alimony based on earning capacity disparity alone. Lump sum alimony is appropriate only when it relates to support (requiring proof of need and ability to pay) or to equitable division of marital property. Since permanent periodic alimony and child support adequately met the wife's needs, lump sum alimony for support purposes was inappropriate, but the trial court may consider awarding rehabilitative alimony on remand.
[1] Lump sum alimony is permissible as a form of support only when there is a demonstrated need and the ability to pay.
[2] Lump sum alimony may be awarded as an equitable division of marital property, requiring justification and the paying spouse's financial ability.
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“Florida courts recognize only two types of lump sum alimony: The first ... relates to support and requires a showing of need and ability to pay. The second type pertains to the equitable division of marital property, necessitating some justification for the lump sum payment and the financial ability on the part of the paying spouse.”
Establishes the only two legally recognized bases for awarding lump sum alimony in Florida
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe parties were married for ten years and lived a middle-class lifestyle. Three months before separation, the husband obtained a lucrative job that m…
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.
Explore caselaw by topic → Browse Need And Ability To Pay cases and more on FLexlaw
PER CURIAM.
We affirm the award of permanent periodic alimony for the wife and the award of the wife’s attorney’s fees. However, we reverse the award of lump sum alimony for the wife and remand for further proceedings consistent with this opinion.
The final judgment of dissolution, among other things, awarded the wife lump sum alimony. As to that award, the trial court made the following fact findings:
The parties lived an increasingly comfortable middle-class lifestyle during the ten years of their marriage. Three months before separating, the husband landed a lucrative job which more than doubled his annual salary [to $135,000]. The wife contributed to the husband’s career advancement during the ten year marriage in homemaking, child care, and career building areas. The wife will need at least six months to prepare herself to successfully re-enter the work force with appropriate employment. The equitable distribution set forth in this judgment leaves the parties with equal net worth, but the husband’s earning capacity exceeds the wife’s by one thousand percent presently. There is no sign that her earning capacity will ever equal or come close to the husband’s in the future. To do equity and justice to the parties in light of these circumstances, the wife will be awarded lump sum alimony of $60,000, payable over the next five years at the rate of $1,000 per month through the court registry.
It appears to us from reading these findings that the trial court awarded lump sum alimony because of the disparity that existed between the earning capacity of the parties. We hold that the trial court erred when it made that award on that basis.
Florida courts recognize only two types of lump sum alimony:
The first ... relates to support and requires a showing of need and ability to pay. The second type pertains to the equitable division of marital property, necessitating some justification for the lump sum payment and the financial ability on the part of the paying spouse.
Lochridge v. Lochridge, 526 So. 2d 1010, 1011 (Fla. 2d DCA 1988). Neither party takes issue with the trial court’s equitable distribution of their marital assets and debts, therefore, the only other basis for the lump sum alimony was that it related to support. However, we have affirmed the trial court’s award of permanent periodic alimony and the husband has not challenged the award of child support. Those awards when combined met the needs of the wife and the child and made an award of lump sum alimony related to support inappropriate. On remand, because of its findings of fact the trial court may consider whether to award the wife rehabilitative alimony.
The final judgment also provided that the husband “keep the wife insured with the same type of insurance, or substantially equal to the medical insurance the husband carries on himself.” A similar provision has recently been upheld by this court in Blythe v. Blythe, 592 So. 2d 353, 355 (Fla. 4th DCA 1992). However, because the husband now works for a hospital, we assume that his medical insurance coverage will be extensive. If compliance with this provision becomes cost prohibitive to the husband, we point out that he does have the right to seek modification.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.
ANSTEAD and GARRETT, JJ., concur. HERSEY, J., concurring in part and dissenting in part, with opinion.
HERSEY, Judge,
concurring in part and dissenting in part, with opinion.
Because the various awards made by the trial court are minimally sufficient for the support of the wife and child, I would affirm the final judgment in all respects.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Zeigler v. Zeigler, 635 So. 2d 50 (Fla. 1st DCA 1994)…re of the body of case law which makes a complete distinction between periodic alimony and lump sum alimony, holding an award of lump sum alimony to provide for periodic support is not contemplated by the statutes, see Harvey v. Harvey, 17 FLW D983 [596 So. 2d 1251] (Fla. 4th DCA April 15, 1992), it is this court’s reading of the equitable distribution and alimony statutes together that such an award is appropriate. Florida Statutes § 61.075 requires the court in making an equitable distribution to consider de…
-
Jaffy v. Jaffy, 965 So. 2d 825 (Fla. 4th DCA 2007)…l to marital standard of living and no evidence of the husband’s inability to provide some level of permanent support: wife was 35, parties had 3 minor children, and thirteen-year marriage fell into the “gray area”). I note that in Harvey v. Harvey, 596 So. 2d 1251 (Fla. 4th DCA 1992), this court also upheld an award of permanent alimony in a ten-year marriage. As indicated by my initial dissent, I would also recognize that there is record evidence supporting the trial court’s conclusion as to the husband’s i…
Authorities Cited
- Blythe v. Blythe, 592 So. 2d 353 (Fla. 4th DCA 1992)
- Lochridge v. Lochridge, 526 So. 2d 1010 (Fla. 2d DCA 1988)