SHARON PAETZOLD, APPELLANT,
v.
JOHN R. PAETZOLD, APPELLEE
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Sharon Paetzold appeals the dissolution of her 23-year marriage, challenging the trial court's award of rehabilitative alimony and lack of permanent alimony. The court reversed and remanded, holding that rehabilitative alimony cannot be used to pay joint debts and that the wife was entitled to permanent periodic alimony given the long-term marriage and limited earning capacity.
Rehabilitative alimony cannot be awarded for the purpose of paying joint debts. The wife is entitled to permanent periodic alimony in this long-term marriage given her limited earning capacity and inability to maintain the standard of living she enjoyed during the marriage. The court may consider a lump sum alimony award payable in installments upon remand.
[1] An award of rehabilitative alimony for the purpose of paying joint debts is improper.
[2] A court may order one spouse to pay joint debts of the parties.
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Join FLexlaw to unlock all legal intelligence“A court may order one spouse to pay joint debts of the parties, but an award of rehabilitative alimony for the purpose of paying those debts is improper.”
Establishes the core holding that rehabilitative alimony cannot be used as a mechanism to pay joint marital debts.
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Join FLexlaw to unlock all legal intelligenceThe parties were married approximately 23 years. At the time of the final hearing, the husband was 43 years old earning $59,500 plus benefits, and the…
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SCHOONOVER, Acting Chief Judge.
The appellant, Sharon Paetzold, challenges the final judgment which dissolved her marriage to the appellee, John R. Paetzold. We find that the trial court erred by ordering the husband to pay rehabilitative alimony as a means of making payments on certain joint debts and by not requiring the husband to pay permanent periodic alimony. We affirm the trial court in all other respects.
At the time of the final hearing in this matter, the husband, age forty-three, and the wife, age forty-two, had been married approximately twenty-three years, had three adult children, and were both gainfully employed. The wife was earning $25,500 per year and the husband was making $59,500 plus other benefits. In the final judgment dissolving the marriage, the court, after making an equitable distribution of the parties’ limited assets and liabilities, ordered the wife to assume joint credit card debts totalling nearly $19,000. The court also ordered the husband to pay rehabilitative alimony in the amount of $500 per month for forty-eight months.
In response to the wife’s motion for rehearing, the trial judge entered an order stating that the judge was responding to the wife’s concern about her credit rating when he made her liable for certain debts and ordered rehabilitative alimony to offset the husband’s portion of the joint liability. The order also stated that permanent alimony was not legally or factually required.
The wife contends that since she was not seeking, and was not entitled to rehabilitative alimony, the court should have ordered the husband to pay permanent periodic alimony to help her discharge the credit card debts and should not have required him to pay rehabilitative alimony. Athough the final judgment did not set forth the basis for the award of rehabilitative alimony, as mentioned above, the order denying the wife’s motion for rehearing did. A court may order one spouse to pay joint debts of the parties, but an award of rehabilitative alimony for the purpose of paying those debts is improper. We understand the wife’s concern and realize the court was attempting to solve the problem. Upon remand the court may wish to consider a lump sum alimony award and make it payable in installments. Price v. Price, 484 So. 2d 80 (Fla. 2d DCA 1986). This would provide the wife adequate funds to discharge the debts and maintain the wife’s credit rating.
Athough we disagree with the wife’s contention that the court was required to order the husband to pay permanent alimony as a means of discharging the joint debts, we agree with her contention that the court should have awarded her at least some permanent alimony. Green v. Green, 484 So. 2d 1269 (Fla. 3d DCA 1986). This is a long term marriage where the wife has a limited earning capacity which is unlikely to allow her, on her own, to enjoy the standard of living she had while she was married. If she ever attains that standard, the alimony award can be modified. In the meantime the wife is entitled to at least some permanent periodic alimony. See Nelson v. Nelson, 588 So. 2d 1049 (Fla. 2d DCA 1991); Harrison v. Harrison, 540 So. 2d 230 (Fla. 1st DCA 1989); Wing v. Wing, 429 So. 2d 782 (Fla. 3d DCA 1983).
We, accordingly, reverse and remand with instructions to reconsider the payment of the joint credit card obligations referred to herein and to award permanent alimony.
Reversed and remanded with instructions.
BLUE and WHATLEY, JJ., concur.
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Citator
Cited By
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Borchard v. Borchard, 730 So. 2d 748 (Fla. 2d DCA 1999)…t always be payable in one lump sum, the trial court has authority to permit the payor to pay the lump sum in installments, comparable to an installment promissory note. See Donoff v. Donoff 691 So. 2d 1091 (Fla. 4th DCA 1997); Paetzold v. Paetzold, 673 So. 2d 888 (Fla. 2d DCA 1996); Turner v. Turner, 529 So. 2d 1138 (Fla. 1st DCA 1988). Although an award of lump sum alimony may be rehabilitative, the award in this case is “permanent in nature.” The trial court’s judgment in this case awards permanent lump s…
Authorities Cited
- Nelson v. Nelson, 588 So. 2d 1049 (Fla. 2d DCA 1991)
- Madelon Green v. Green, 484 So. 2d 1269 (Fla. 3d DCA 1986)
- Harrison v. Harrison, 540 So. 2d 230 (Fla. 1st DCA 1989)
- Merritt v. State, 429 So. 2d 782 (Fla. 3d DCA 1983)
- Linna Fong Wing v. Wing, 429 So. 2d 782 (Fla. 3d DCA 1983)
- Price v. Price, 484 So. 2d 80 (Fla. 2d DCA 1986)