RONALD MOOREHEAD, APPELLANT,
v.
PAULINE THOMAS MOOREHEAD, 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 a divorce appeal, the Florida Fourth District Court of Appeal affirmed the trial court's award of permanent alimony, the amount of alimony, and the distribution of assets in a 17-year marriage, but reversed the requirement that the husband maintain life insurance to secure the alimony obligation due to lack of demonstrated need.
The trial court did not abuse its discretion in awarding permanent alimony of $500 bi-weekly based on the statutory factors, including the length of the 17-year marriage and the wife's limited ability to become self-sufficient. The amount of alimony was reasonable given the wife's imputed income and inability to support herself consistent with the marital lifestyle. The asset distribution was equitable. However, the trial court erred in requiring life insurance to secure alimony because there was no demonstrated need to protect the alimony recipient.
[1] Permanent alimony may be awarded in a marriage of seventeen years, even if a vocational expert opines the recipient spouse could become self-sufficient with education, wh…
[2] A trial court does not abuse its discretion in awarding permanent alimony when the recipient spouse has limited earning capacity, a history of low-wage employment, and th…
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“the wife's capacity for self-support is only one factor to consider in whether to award permanent or rehabilitative alimony”
Establishes that permanent alimony is not limited to cases where the spouse lacks capacity for self-support, contrary to the husband's argument.
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 17 years. The wife, age 43, was employed part-time at $5 per hour cash installing and repairing water filters. She had at…
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 Capacity For Self-Support cases and more on FLexlaw
WARNER, C.J.
The husband appeals from a final judgment of dissolution of marriage arguing that the trial court committed multiple errors in its distribution of the parties’ assets, the award of permanent instead of rehabilitative alimony, the amount of alimony awarded, and the award of attorney’s fees to the wife. We affirm on all issues except for the requirement that the husband maintain life insurance to secure the alimony obligation, which we reverse.
The parties had been married for seventeen years at the time of the divorce. While they had one child who was an adult by the time of trial, she continued to reside in her parent’s home. The parties’ lifestyle was very modest, described as lower middle class. The wife was 43 years old and was employed part-time by a friend, installing and repairing water filters. She earned $5 per hour cash, on which she paid no tax. Prior to the marriage, the wife had attended a vocational college but did not earn a degree and had done very poorly in several of her courses. There was no agreement that the wife stay at home to raise the parties’ child, and the wife had sporadic employment during the marriage. Early in the marriage she worked as a nurse’s aide and also cut lawns. The husband testified that he encouraged the wife to return to school, and had tried to help her find a better job throughout the marriage. The husband has been employed by FP & L for over twenty years and was the family’s main source of support.
A vocational expert testified at trial that although the wife’s intelligence was slightly below average, she was capable of obtaining full-time employment. Based on that finding, he opined that she was currently underemployed. While he believed that attending vocational and community college would give her better skills in or der to be self-sufficient, he also gave several examples of jobs the wife could obtain without education. The one which appeared to interest the wife the most was that of a child day care worker, which pays approximately $7.50 per hour. He also testified that within three to five years she could potentially earn up to $35,000 per year as a building inspector, and he mentioned other higher paying jobs. Unfortunately, he did not have a set plan or an idea of the costs to attain a majority of these suggested positions. Ultimately, he admitted that without any additional education the wife could only earn approximately $8-10 per hour. Based on the testimony, the court awarded permanent alimony in the amount of $500 bi-weekly, imputing to the wife an earning ability of $1,000 per month. The husband complains that the court erred in awarding permanent alimony rather than rehabilitative alimony where the court appointed vocational expert had stated that with proper education and a few years the wife could become self-sufficient. In Walter v. Walter, 464 So. 2d 538, 539 (Fla.1985), the court rejected the proposition that permanent alimony should be utilized “only upon a showing of lack of capacity for self-support and only as a last resort.” Instead, and as codified in section 61.08(2), Florida Statutes (1997), the wife’s capacity for self-support is only one factor to consider in whether to award permanent or rehabilitative alimony.
Considering the factors listed in the statute, the trial court did not abuse its discretion in awarding permanent alimony. This was a seventeen year marriage, making it more on the side of a long-term marriage than one in the grey area. See Cruz v. Cruz, 574 So. 2d 1117, 1118 (Fla. 3d DCA 1990). The wife had only a limited ability to support herself. Her employment history consisted of unskilled jobs in which she earned close to a minimum hourly wage. While the vocational expert testified that with education the wife could earn up to $35,000, the trial court obviously viewed that claim with skepticism, given her prior educational experience, her poor grades, and her below average intelligence. Moreover, the expert did not lay out any type of definite rehabilitative plan that would lead to the wife earning that kind of salary. Thus, the trial court did not abuse its discretion in awarding permanent rather than rehabilitative alimony to the wife under the facts of this case.
We also find no abuse of discretion as to the amount of alimony. While the wife admittedly inflated her expenses in her financial affidavit, with the deduction of those expenses the wife could not even support herself in a manner consistent with the conservative lifestyle of the marriage on the $1,000 per month net income the trial court imputed to her. With respect to the distribution of assets, the wife received the marital home, with an equity of $49,500, an old vehicle, one-half interest in the husband’s thrift and 401(k) pension plans minus the husband’s share of the equity in the house. The husband was awarded an old vehicle, a sailboat valued at $2,000, and one-half of his pension plans, including a portion of the wife’s half as a payout for the husband’s share of the equity in the marital home. In addition, the court allowed the husband to retain $12,000 in cash. The husband complains that the court reversibly erred because he was left with only future assets, his pension, while the wife was left with present assets. In support of his argument he cites this court’s opinion in Reynolds v. Reynolds, 711 So. 2d 618, 619 (Fla. 4th DCA 1998). In Reynolds, the wife’s distribution included the equity in the marital home plus jewelry and cash in the amount of $29,000, while the husband was left with his pension plan, from which he could generate $15,000 in cash only by termination. We distinguish the instant case, where the husband is the spouse who received the remaining cash in the amount of $12,000, while the wife received none. The husband does not have to cash in his pension in order to meet his obligations under the final judgment. We therefore find no abuse of discretion in the trial court’s division of assets.
We do find error, however, in the trial court’s requirement that the husband maintain his life insurance policy on behalf of the wife. In Privett v. Privett, 535 So. 2d 663, 665 (Fla. 4th DCA 1988), we held that requiring a spouse to maintain a life insurance policy to secure alimony “is justified only if there is a demonstrated need to protect the alimony recipient.” Similarly, in Hedendal v. Hedendal, 695 So. 2d 391, 392 (Fla. 4th DCA 1997), we stated that a trial judge should make a finding’ of need prior to requiring the maintenance of a life insurance policy.
In the present case, the trial court made no findings demonstrating the need to secure the wife’s alimony, nor can we find any such need in the record. Neither party was in ill health, see Richardson v. Richardson, 722 So. 2d 280 (Fla. 5th DCA 1998); there were no minor children residing at home, see Sobelman v. Sobelman, 541 So. 2d 1153 (Fla.1989), and the husband was not in arrears in his support obligations. See Longo v. Longo, 533 So. 2d 791 (Fla. 4th DCA 1988). While there may be other reasons that would support securing alimony with life insurance, we can find none here. The final judgment is reversed with directions to delete the requirement that the husband maintain life insurance'to secure the wife’s alimony.
We affirm as to all other issues not specifically addressed in this opinion.
STONE, J., and COX, CYNTHIA L., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
-
Hill v. Hooten, 776 So. 2d 1004 (Fla. 5th DCA 2001)…enteen years have specifically been determined by other districts to be long-term. For example, in Cruz v. Cruz, 574 So. 2d 1117 (Fla. 3d DCA 1990), a marriage of seventeen years was recognized as a long-term marriage, and in Moorehead v. Moorehead, 745 So. 2d 549, 551 (Fla. 4th DCA 1999), the Fourth District characterized a seventeen year marriage "more on the side of a long-term marriage than one in the grey area.” In Kesling v.. Kesling, 661 So. 2d 919, 920 (Fla. 2d DCA 1995), the Second District implicitl…
-
Stanford R. Solomon v. Sheila A.B. Solomon, 861 So. 2d 1218 (Fla. 2d DCA 2003)…te that there was a need to secure the former wife’s alimony, nor does the record demonstrate that such a need exists in this case.- See Kearley v. Kearley, 745 So. 2d 987, 989 (Fla. 2d DCA 1999) (Altenbernd, J., concurring); Moorehead v. Moorehead, 745 So. 2d 549, 552 (Fla. 4th DCA 1999). In the absence of special circumstances, a spouse cannot be required to maintain life insurance for the purpose of securing an alimony obligation. Cozier v. Cozier, 819 So. 2d 834 (Fla. 2d DCA 2002); Pinion v. Pinion, 818 S…
-
Stephany M. Byers v. Byers, 910 So. 2d 336 (Fla. 4th DCA 2005)…rotection of the other spouse’s support, even in the absence of any arrearage). In order to impose such a requirement, the trial court must make a finding that there is “a demonstrated need to protect the alimony recipient.” Moorehead v. Moorehead, 745 So. 2d 549, 552 (Fla. 4th DCA 1999). The court must also make a finding as to the amount of insurance needed, the cost of such insurance, and the insurability of the party being ordered to obtain it. See Forgione v. Forgione, 845 Solid 968, 969-70 (Fla. 4th DC…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Walter v. Walter, 464 So. 2d 538 (Fla. 1985)
- Goldie Sobelman v. Sobelman, 541 So. 2d 1153 (Fla. 1989)
- Longo v. Longo, 533 So. 2d 791 (Fla. 4th DCA 1988)
- Richardson v. Leaman Richardson, 722 So. 2d 280 (Fla. 5th DCA 1998)
- Hedendal v. Hedendal, 695 So. 2d 391 (Fla. 4th DCA 1997)
- Privett v. Privett, 535 So. 2d 663 (Fla. 4th DCA 1988)
- Cruz v. Maximo L. Cruz, 574 So. 2d 1117 (Fla. 3d DCA 1990)
- Reynolds v. Trudy Reynolds, 711 So. 2d 618 (Fla. 4th DCA 1998)