NORMAN KATOWITZ, APPELLANT,
v.
SOLANGE KATOWITZ, APPELLEE
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In this dissolution of marriage case, the Florida Third District Court of Appeal reversed a $200 per month permanent alimony award to the wife, holding that the award cannot stand where the wife's income greatly exceeds the husband's income, absent a clear finding that the alimony was awarded to balance inequities from the distribution of income-producing assets.
The court reversed the alimony award because the wife's income greatly exceeds the husband's imputed income, making the award improper absent a clear finding that it was designed to balance inequities caused by awarding the income-producing asset to the husband. The court remanded for the trial court to clarify its findings, modify them, or reserve jurisdiction to award alimony in the future.
[1] An alimony award may not stand where the recipient spouse's income greatly exceeds the payor spouse's income, even if the recipient spouse demonstrates a need for alimony…
[2] An alimony award may be reversed if the judgment does not provide that alimony was awarded to balance inequities in the equitable distribution scheme caused by granting a…
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“that award may not stand as presently ordered where, as here, her income greatly exceeds the husband's income”
Establishes the core holding that alimony awards cannot be sustained when the obligee's income substantially exceeds the obligor's income without clear justification.
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 31 years. The wife, age 55, earned approximately $2,000 per month. The court imputed $1,200 per month income to the 62-ye…
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SHEVIN, Judge.
The husband appeals a dissolution judgment challenging the $200 per month permanent alimony awarded to the wife and a credit awarded against the alimony payments.1
We reverse the alimony award. The final judgment dissolving this 31-year marriage provides that the wife earns approximately $2000 a month; the court imputed $1200 a month to the husband from a solely-owned business. As to the parties’ ex penses, the court found that the fifty-five year-old wife did not earn sufficient income to maintain the lifestyle established during the marriage and that the sixty-two year-old husband was able to pay his expenses to maintain a lesser standard of living. As to the equitable distribution scheme, the court evenly divided the assets; however, the court awarded the business to the husband. Despite the wife’s demonstrated need for alimony, that award may not stand as presently ordered where, as here, her income greatly exceeds the husband’s income. See Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980); Parks v. Parks, 637 So. 2d 50 (Fla. 1st DCA 1994); Woodard v. Woodard, 477 So. 2d 631 (Fla. 4th DCA 1985), review denied, 492 So. 2d 1336 (Fla.1986); Schwartz v. Schwartz, 450 So. 2d 277 (Fla. 3d DCA 1984).
In addition, the judgment does not provide that the court awarded alimony to balance any inequities in the distribution scheme caused by granting the income-producing asset to the husband. See Hamlet v. Hamlet, 583 So. 2d 654 (Fla.1991); Ugarte v. Ugarte, 608 So. 2d 838 (Fla. 3d DCA 1992), cause dismissed, 617 So. 2d 322 (Fla.1993).
The reversal of the alimony award also requires reversal of the credits awarded against those payments.
However, we remand the cause so that the trial court may clarify the judgment regarding the alimony award. In denying the husband’s rehearing motion attacking the award, the court order describes the alimony amount as minimal; it states that the court was overly generous in imputing income to the husband, that the husband had used the business continuously to pay for his personal needs, and that he had been patently uncooperative in complying with the wife’s discovery efforts to account for his income.2 Thus, the rehearing order renders it difficult to discern whether the trial court receded implicitly from the findings as to income and the basis for the award without amending the judgment. See Mazzei v. Mazzei, 639 So. 2d 628 (Fla. 3d DCA 1994); Parks, 637 So. 2d at 50. On remand, the court may modify its findings, make further sufficient findings to support an alimony award, or reserve jurisdiction to provide the wife alimony in the future.
Accordingly, we affirm the dissolution, reverse the alimony award, reverse the credits awarded against the alimony payments, and remand the cause for further proceedings consistent with this decision.
Affirmed in part; reversed in part, and cause remanded.
. The husband has not supplied this court with a trial transcript or a proper substitute. Therefore, our review is limited to legal errors appearing on . the face of the judgment. See Applegate v. Barnett Bank, 377 So. 2d 1150 (Fla. 1979); Haddad v. Cura, 674 So. 2d 168 (Fla. 3d DCA 1996); Hirsch v. Hirsch, 642 So. 2d 20 (Fla. 5th DCA 1994); Santoro v. Santoro, 642 So. 2d 86 (Fla. 2d DCA 1994); Casella v. Casella, 569 So. 2d 848 (Fla. 4th DCA 1990); Ahmed v. Travelers Indem. Co., 516 So. 2d 40 (Fla. 3d DCA 1987).
. The court also noted that the alimony amount “wiE be offset by the elimination of storage costs paid-by the Husband which the Husband conceded was no longer necessary [and that] [s]uch alimony award will not affect the Husband's standard of living.”
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Porteous v. Porteous, 937 So. 2d 1179 (Fla. 3d DCA 2006)…t Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1979). In the absence of a proper record, our review is limited to any errors which appear on the face of the judgment. See Prymus v. Prymus, 753 So. 2d 742 (Fla. 3d DCA 2000); Katowitz v. Katowitz, 684 So. 2d 256, 257 n. 1 (Fla. 3d DCA 1996). We do not agree with the former husband’s claim that legal error appears on the face of the judgment. The former husband challenges the trial court’s award of attorney’s fees to the appellee former wife. However, that…
Authorities Cited (14 total)
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Hamlet v. Hamlet, 583 So. 2d 654 (Fla. 1991)
- Casella v. Casella, 569 So. 2d 848 (Fla. 4th DCA 1990)
- Hirsch v. Hirsch, 642 So. 2d 20 (Fla. 5th DCA 1994)
- Nuzhat Ahmed v. Travelers Indem. Co., 516 So. 2d 40 (Fla. 3d DCA 1987)
- Ugarte v. Ugarte, 608 So. 2d 838 (Fla. 3d DCA 1992)
- Schwartz v. Zenia Schwartz, 450 So. 2d 277 (Fla. 3d DCA 1984)
- Woodard v. Woodard, 477 So. 2d 631 (Fla. 4th DCA 1985)