PHILLIP H. GLAZNER, APPELLANT,
v.
JANE W. GLAZNER, APPELLEE

Fla. 5th DCA | 1997-05-02
No. 96-848
COBB and W. SHARP, JJ., concur.
693 So. 2d 650 Florida District Court of Appeal, Fifth District (1997) Caution
Cited by 21 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.


Holding

The court held that a lump sum alimony award was improper when the recipient spouse was not entitled to permanent or rehabilitative alimony and the award did not serve to equitably distribute marital assets.


Headnotes

[1] A trial court abuses its discretion by awarding lump sum alimony for support when the recipient spouse is not entitled to permanent or rehabilitative alimony.

[2] Lump sum alimony is properly awarded for equitable distribution of assets only when the evidence justifies the award and the paying spouse can make the payment without su…

Previewing 2 of 4 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

Facts & Procedural History

The parties divorced after a short marriage. The trial court distributed marital assets and liabilities, equalizing the division with a payment from t…

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.


Opinion of the Court
THOMPSON, Judge.

THOMPSON, Judge.

Philip H. Glazner (“the former husband”) appeals the final judgment dissolving his brief marriage to Jane W. Glazner (“the former wife”). Although the former husband raises several issues on appeal dealing with the equitable distribution of marital assets, we find no error. The trial court justified its distribution of marital assets and liabilities with factual findings supported by competent substantial evidence and did not abuse its discretion. § 61.075(3), Fla.Stat. (1995); Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980). The trial court did err, however, when it awarded the former wife lump sum alimony of $10,000 after finding that she was not entitled to either permanent or rehabilitative alimony. We reverse the award.

The parties were married for only 19 months. The former husband is a 50 year old pharmacist with a net monthly income of $4,300 and net assets of $288,275. The former wife is 46 years old, teaches the second grade, tutors, and serves as trustee of two trust accounts. Her net monthly income is $1,888, and she has net assets of $80,243. No children were born of this union. When the parties married, the former wife owned a 1992 Saturn. The Saturn was sold during the marriage. There is conflict in the record concerning the reason for the sale of the car: the former husband testified it was sold to satisfy two outstanding debts of the former wife, and the former wife testified that the Saturn was sold because the former husband wanted her to drive his 1991 Cadillac instead. Eventually, the parties sold the 1991 Cadillac and purchased a 1993 Cadillac, partially paid for with a home equity loan for approximately $10,000. The former husband was awarded the 1993 Cadillac and the obligation for the loan. After distributing the remaining marital assets and liabilities, the trial court equalized the allocation by ordering payment of $13,879 by the former wife to the former husband. The trial court also awarded the former wife $10,000 lump sum alimony to “restore herself to transportation similar to that which she had when she entered the marriage.”

Before the trial court can award lump sum alimony, it must determine that it is necessary for support or to effect equitable distribution of marital property. Canakaris, 382 So. 2d at 1197; Young v. Young, 677 So. 2d 1301, 1304 (Fla. 5th DCA 1996). While section 61.08, Florida Statutes (1995), directs the court to consider all relevant factors “necessary to do equity and justice between the parties,” case law provides some guidance to the court in exercising its discretion. First, a court should award lump sum alimony as support “only when the recipient is entitled to permanent alimony based on the receiving spouse’s need for support and the paying spouse’s ability to pay.” Young, 677 So. 2d at 1304 (citing Gorman v. Gorman, 400 So. 2d 75, 78 (Fla. 5th DCA 1981)). If support is needed, there must also exist “unusual circumstances ... which would require a non-modifiable award of support.” Id. (citing Lynch v. Lynch, 437 So. 2d 234 (Fla. 5th DCA 1983)). Second, to ensure equitable distribution of assets, lump sum alimony is properly awarded only when the evidence reflects a justification for such an award and the ability of the paying spouse to make the payment “without substantially endangering his or her economic status.” Canakaris, 382 So. 2d at 1201; Robinson v. Robinson, 403 So. 2d 1306 (Fla.1980).

In the instant case, the record reveals that the former wife’s standard of living did not change during or after the marriage. She is still employed as a teacher and tutor and still receives trust income. Since there is record evidence the former wife was and is self-supporting, the trial court correctly denied permanent alimony. Campbell v. Campbell, 432 So. 2d 666, 668 (Fla. 5th DCA 1983), petition for rev. dismissed, 453 So. 2d 1364 (Fla.1984). Further, in order to receive rehabilitative alimony, the former wife must have requested it and must have presented a rehabilitative plan to the court showing a plan to obtain a skill, education or rehabilitation in order to adjust to a new life. Brock v. Brock, 682 So. 2d 682 (Fla. 5th DCA 1996). As no such plan was presented, the court properly denied rehabilitative alimony.

Because the former wife is not entitled to either permanent periodic or rehabilitative alimony, the lump sum alimony award is not for support. Young. Furthermore, the award does not serve to equitably distribute the marital assets. Although the court’s distribution plan left the former wife without transportation, the court specifically equalized the distribution via a $13,879 payment from the former wife to the former husband. Since the lump sum alimony was neither for support nor a means of achieving equitable distribution, the trial court abused its discretion in making the award. Young. Cf. Iribar v. Iribar, 510 So. 2d 1023 (Fla. 3d DCA 1987) (finding no abuse of discretion in court’s failure to award automobile to wife as lump sum alimony where parties owned no automobile to be distributed and the court otherwise equitably distributed the marital assets). Accordingly, we affirm the final judgment in all respects except the award of lump sum alimony.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

COBB and W. SHARP, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (11 total)

  • Mondello v. Torres, 47 So. 3d 389 (Fla. 4th DCA 2010)
    …5) (citation omitted). To award lump sum alimony, the trial court must find 'a “special necessity.” Rosario v. Rosario, 945 So. 2d 629, 632 (Fla. 4th DCA 2006) (citing Porzio v. Porzio, 760 So. 2d 1075, 1077 (Fla. 5th DCA 2000); Glazner v. Glazner, 693 So. 2d 650, 652 (Fla. 5th DCA 1997); Simpson v. Simpson, 372 So. 2d 526, 527 (Fla. 4th DCA 1979)). “If support is needed, there must exist unusual circumstances which would require a non-modifiable award of support. These findings of special circumstances must…
  • Guida v. Guida, 870 So. 2d 222 (Fla. 2d DCA 2004)
    …shall be entitled to each asset. Furthermore, where a trial court makes an award of lump sum alimony, it shall first determine whether the award is necessary for support or to effect an equitable distribution of marital property. Glazner v. Glazner, 693 So. 2d 650, 651 (Fla. 5th DCA 1997). Failure to include the statutorily required findings of fact makes appellate review of the distribution scheme difficult, if not impossible, and requires reversal. Prest, 749 So. 2d at 539. In this case, the final judgment…
  • Rosario v. Rosario, 945 So. 2d 629 (Fla. 4th DCA 2006)
    …dicates have evolved for the award of lump-sum alimony. The first of these is that the trial court must find some special necessity for lump-sum payment of alimony. See Porzio v. Porzio, 760 So. 2d 1075, 1077 (Fla. 5th DCA 2000); Glazner v. Glazner, 693 So. 2d 650, 652 (Fla. 5th DCA 1997); Simpson v. Simpson, 372 So. 2d 526, 527 (Fla. 4th DCA 1979). If support is needed, there must exist unusual circumstances which would require a non-modifiable award of support. Glazner, 693 So. 2d at 652. These findings of…

Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw