KIRK W. INGRAM, APPELLANT,
v.
DEBBIE SUE INGRAM, APPELLEE

Fla. 2d DCA | 2000-01-21
No. 2D99-1420
CAMPBELL, A.C.J., and PARKER, J., Concur.
750 So. 2d 130 Florida District Court of Appeal, Second District (2000) Positive Treatment
Cited by 6 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.

Synopsis

Kirk Ingram appeals a judgment dissolving his marriage, challenging the trial court's award of rehabilitative alimony to his former wife Debbie Sue Ingram. The appellate court reverses the rehabilitative alimony award, finding the trial court abused its discretion by awarding alimony without adequate evidence of a viable rehabilitation plan.


Holding

The trial court abused its discretion in awarding rehabilitative alimony because the case lacked detailed evidence of a valid rehabilitation plan, including evidence of the cost of education, employment prospects, and the time needed to reach an appropriate income level. Additionally, the two-year period to prepare for and pass the graduate record examination before commencing education was excessive and constituted an abuse of discretion.


Headnotes

[1] Rehabilitative alimony requires detailed evidence of the cost of education, prospects of subsequent employment, and the time needed to reach an appropriate income level.

[2] An award of rehabilitative alimony is unjustified when the record lacks detailed evidence of a valid rehabilitation plan.

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

Key Quotes

“A court may award rehabilitative alimony when the evidence shows that the recipient can redevelop previous skills or be trained to develop new skills, which will make him or her self-supporting.”

Establishes the legal standard for awarding rehabilitative alimony

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

The parties were married for 20 years; Kirk was 52 and Debbie was 39 at the time of final hearing. Debbie earned a bachelor's degree in personnel with…

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
CASANUEVA, Judge.

CASANUEVA, Judge.

Kirk W. Ingram appeals the final judgment dissolving his marriage to Debbie Sue Ingram, asserting that the trial court erred by improperly awarding the former wife rehabilitative alimony. We conclude that Mr. Ingram’s position is meritorious and reverse.

At the time of the final hearing, Mr. Ingram was 52 years old and Mrs. Ingram was 39. Both were in good health. During the 20 year marriage, the former wife earned a bachelor’s degree in personnel with a 3.7 grade point average.

However, during the marriage, she never obtained employment in the personnel field. Rather, she worked part-time as a receptionist at her father’s real estate company for approximately seven years, and then for Eastern Airlines, both part-time and as a floater. After Eastern Airlines went out of business, Ms. Ingram took care of the home and was a part-time college student. After she completed her degree, the parties separated. She worked for approximately nine months as a receptionist in a nursing home, but she was fired the first time she called in sick. At the time of the final hearing, she had been unemployed for eleven months.

Mr. Ingram, before and during the marriage, worked in the merchant marine. His job required him to be at sea approximately nine months out of each year. The Ingrams had no children.

In the final judgment, the court awarded Ms. Ingram both permanent alimony and rehabilitative alimony. The rehabilitative alimony award was $200.00 per month for a maximum period of four years and was intended to provide Ms. Ingram with the means to obtain a master’s degree in business administration (M.B.A.).

Because she had not done so, Ms. Ingram was given two years to pass the graduate record examination (G.R.E.), which is a prerequisite for admission to business school. If she failed to make a passing score within two years, rehabilitative alimony was to cease. In the event Ms. Ingram was admitted to an M.B.A. program, Mr. Ingram was required to reimburse her 50 percent of the tuition costs. For reasons of convenience, Ms. Ingram planned to take extension courses from a private university rather than to attend a local public university, where the tuition would be less expensive. A court may award rehabilitative alimony when the evidence shows that the recipient can redevelop previous skills or be trained to develop new skills, which will make him or her self-supporting. See Garcia v. Garcia, 696 So. 2d 1279, 1280 (Fla. 2d DCA 1997); Holmes v. Holmes, 579 So. 2d 769 (Fla. 2d DCA 1991).

An award of rehabilitative alimony is appropriate “only if the parties have presented detailed evidence of the cost of the education, the prospects of subsequent employment, and the time it -will take the receiving spouse to reach an appropriate income level.” Campbell v. Campbell, 685 So. 2d 61, 62 (Fla. 1st DCA 1996).

The evidence in this case reveals that Ms. Ingram has never used her college degree to further her employment prospects. None of her prior business experience reflects that she can be trained to develop new skills to become self-supporting, nor does the record contain any detailed evidence regarding her prospects for employment or increased income should she ever attain her M.B.A. This case simply lacks detailed evidence of a valid rehabilitation plan for Ms. Ingram, and the award of rehabilitative alimony is therefore unjustified.

Furthermore, the rehabilitative alimony award allowed Ms. Ingram two years to become eligible for admission to a degree program by giving her that much time to prepare for and pass the G.R.E. Ms. Ingram’s failure to pursue a review course, register for the G.R.E., or take the G.R.E. prior to trial might suggest a lack of a serious intention to follow the rehabilitative plan. Nevertheless, the award of two years’ rehabilitative alimony before commencement of the education program is excessive and constitutes an abuse of discretion.

For these reasons, we conclude that the trial court abused its discretion in awarding rehabilitative alimony.

Affirmed in part and reversed in part with directions for the trial court to strike the award of rehabilitative alimony.

CAMPBELL, A.C.J., and PARKER, J., Concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Blanchard v. Maran L. Blanchard, 793 So. 2d 989 (Fla. 2d DCA 2001)
    …siness venture when he already has considerable experience and skill in another field. An award of rehabilitative alimony, however, generally requires a rehabilitative plan that will result in an increase in the party’s income. See Ingram v. Ingram, 750 So. 2d 130 (Fla. 2d DCA 2000). We decline to extend the purpose of bridge-the-gap alimony to meet the “needs” the husband pursues in this case. We recognize that the wife participated, even if by acquiescence, in this career change. In addition, although she…
  • Sharon v. Sharon, 862 So. 2d 789 (Fla. 2d DCA 2003)
    …efore, we reverse the portion of the judgment granting rehabilitative alimony to the Wife for the trial court to revisit the matter and to adjust the award as needed, based upon a review of the existing evidence, in accordance with Ingram v. Ingram, 750 So. 2d 130 (Fla. 2d DCA 2000). Upon review, if the record does not reveal that detailed evidence has been presented of the cost of the proposed training, an award of rehabilitative alimony for this purpose is inappropriate. Id. at 132. Tax Impact The Wife ad…
  • Sierra v. Dayami Sierra, 776 So. 2d 966 (Fla. 3d DCA 2000)
    …abused its discretion in awarding the former wife rehabilitative alimony, which is intended to provide assistance to a spouse while he or she regains the ability for self-support which may have been interrupted by the marriage. See Ingram v. Ingram, 750 So. 2d 130 (Fla. 2d DCA 2000); Berki v. Berki 636 So. 2d 532 (Fla. 5th DCA 1994); Edgington v. Edgington, 588 So. 2d 1055 (Fla. 3d DCA 1991). Where, as is the case here, the evidence shows that the marriage did not affect the spouse’s ability to obtain the sam…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw