GARY WILLIAM HALL, APPELLANT/CROSS-APPELLEE,
v.
BRENDA J. HALL, APPELLEE/CROSS-APPELLANT

Fla. 1st DCA | 1998-12-04
No. 98-739
BARFIELD, C.J., and ALLEN, J., concur.
721 So. 2d 446 Florida District Court of Appeal, First District (1998) Positive Treatment
Cited by 5 cases

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Synopsis

Former spouses appealed and cross-appealed a final judgment dissolving their 24-year marriage, disputing alimony, child support, property division, and insurance beneficiary designations. The appellate court reversed the trial court's award of rehabilitative alimony, finding the trial court abused its discretion by failing to award permanent periodic alimony given the length of the marriage, and remanded for reconsideration of all financial aspects of the judgment.


Holding

The trial court abused its discretion by awarding rehabilitative rather than permanent periodic alimony to the former wife, and such award must be reversed and remanded for the trial court to award permanent periodic alimony. Additionally, the life insurance beneficiary designation violates prior precedent and must be remanded for the trial court to separately identify beneficiaries for child support and alimony purposes. The remand also necessitates reexamination of other financial aspects of the judgment, including lump sum alimony and equitable distribution.


Headnotes

[1] A trial court abuses its discretion by awarding rehabilitative alimony instead of permanent periodic alimony when the marriage is of significant duration and other releva…

[2] A trial court must identify specific beneficiaries for life insurance policies ordered to secure future child support and alimony obligations.

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Key Quotes

“we conclude that the trial court abused its discretion when it awarded rehabilitative, rather than permanent periodic, alimony”

Establishes the core holding that the trial court's alimony determination was reversible error given the length of the marriage and applicable statutory factors.

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Facts & Procedural History

The parties were married for approximately 24 years. The trial court awarded rehabilitative alimony of $2,500 per month to the former wife, assigned h…

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Opinion of the Court
WEBSTER, J.

WEBSTER, J.

The former husband appeals, and the former wife cross-appeals, a final judgment of dissolution of marriage. The former husband complains that the trial court committed reversible error when it (1) ordered him to make alimony, child support, health and life insurance and private school tuition payments that exceeded his ability; (2) awarded his undivided one-half interest in the marital home to the former wife as lump sum alimony; (3) assigned incorrect values to certain marital property; (4) ordered him to “pay any reasonable and necessary ... medical, dental or optical expenses for the minor child not covered by insurance”; and (5) failed to clarify the designation of beneficiaries for the life insurance he was ordered to maintain to secure future payments of child support and alimony. The former wife complains that the trial court committed reversible error when it (1) awarded rehabilitative, rather than permanent periodic, alimony; and (2) failed to award her interest on a future payment to be made to her by the former husband.

We conclude that the trial court abused its discretion when it failed to award permanent periodic alimony to the wife; that the award of rehabilitative alimony appears to be excessive; and that the respective beneficiaries of the life insurance that the former husband has been ordered to maintain to secure future alimony and child support awards should be identified.

Accordingly, we reverse and remand for further proceedings.

The parties were married for approximately 24 years. Considering this and all other relevant factors as required by section 61.08, Florida Statutes (1996), we conclude that the trial court abused its discretion when it awarded rehabilitative, rather than permanent periodic, alimony. See, e.g., Fontana v. Fontana, 617 So. 2d 418 (Fla. 1st DCA 1993); Lanier v. Lanier, 594 So. 2d 809 (Fla. 1st DCA 1992); Akers v. Akers, 582 So. 2d 1212 (Fla. 1st DCA 1991). On remand, we direct the trial court to award the former wife permanent periodic alimony in a sum to be determined following such further proceedings as the trial court may deem necessary.

We find ourselves unable merely to direct the trial court to convert the $2,500.00 per month in rehabilitative alimony awarded to permanent periodic alimony because the trial court has not favored us with findings intended to support that amount, and from our review of the record the amount seems excessive in light of the other financial obligations imposed upon the former husband. Because the trial court will be reconsidering the issue of alimony on remand, it will also be necessary for it to reexamine the other financial aspects of the final judgment, including the award of lump sum alimony and the equitable distribution scheme. See Hanrahan v. Hanrahan, 618 So. 2d 779 (Fla. 1st DCA 1993).

The final judgment directs the former husband to “maintain the existing life insurance policy on his life naming the [former wife] as irrevocable beneficiary so long as he has an obligation of support to her or their minor daughter.” In McGinley v. McGinley, 678 So. 2d 922 (Fla. 1st DCA 1996), we held that such a provision constitutes reversible eiTor. The former wife concedes as much. Accordingly, as in McGinley, we reverse and remand with directions that the trial court identify the beneficiaries for child support and for alimony purposes, respectively.

In summary, we reverse the award of rehabilitative alimony and remand with directions that the trial court award to the former wife permanent periodic alimony in a sum to be determined following such further proceedings as the trial court may deem necessary. The trial court shall also reexamine the other financial aspects of the final judgment, including the award of lump sum alimony and the equitable distribution scheme. This disposition moots all of the remaining issues raised except that challenging the designation of life insurance beneficiaries, as to which we reverse and remand with directions that the trial court separately identify the beneficiaries for purposes of securing future child support and future alimony.

REVERSED and REMANDED, with directions.

BARFIELD, C.J., and ALLEN, J., concur.


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Citator

Cited By

  • Horacio A. Rodriguez v. Rodriguez, 958 So. 2d 436 (Fla. 3d DCA 2007)
    …d for reconsideration of the husband’s income and of the awards which flow from that ruling.3 See Roca, 937 So. 2d at 739 (“decision regarding the imputed income requires reconsideration of the alimony [and] child support ... awards”); Hall v. Hall, 721 So. 2d 446, 447 (Fla. 1st DCA 1998)(remand for award of permanent periodic alimony renders it necessary for trial court to reexamine other financial aspects of final judgment including lump sum alimony and the equitable distribution scheme). The portions of t…
  • Karkhoff v. Robilotta, 309 So. 3d 229 (Fla. 4th DCA 2020)
  • Waggoner v. Waggoner, 780 So. 2d 1033 (Fla. 1st DCA 2001)
    …eceiving roughly 75 percent of the net assets), it will be necessary on remand for the trial court to reexamine all other financial aspects of the final judgment, including the awards of lump sum alimony and attorney’s fees. See, e.g., Hall v. Hall, 721 So. 2d 446 (Fla. 1st DCA 1998); Hanrahan v. Hanrahan, 618 So. 2d 779 (Fla. 1st DCA 1998). AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions. MINER and KAHN, JJ., concur.…

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