GEORGE E. MARTIRE, APPELLANT,
v.
IRINA A. MARTIRE, APPELLEE

Fla. 4th DCA | 2001-08-22
No. 4D00-1260
WARNER and GROSS, JJ., concur.
792 So. 2d 631 Florida District Court of Appeal, Fourth District (2001) Positive Treatment
Cited by 2 cases

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Synopsis

George Martire appealed a final judgment awarding his former wife $500 per month in rehabilitative alimony for approximately three years following a short marriage of less than one year. The Fourth District Court of Appeal affirmed the award, holding that the trial court's findings were sufficient to support the rehabilitative alimony award and rejecting the appellant's due process challenge based on lack of notice.


Holding

The court held that the trial court's findings were sufficient to comply with the statutory factors under Florida Statutes § 61.08(2) to support the rehabilitative alimony award. The court also held that absent a transcript to refute the court's findings, they must be presumed correct, and the due process claim failed because the appellant did not provide evidence of lack of notice.


Headnotes

[1] Rehabilitative alimony may be awarded to enable a former spouse to establish the capacity for self-support or to bridge the gap between marriage and single life.

[2] A court's findings supporting an award of alimony are presumed correct when the appellant fails to provide a trial transcript or other record to refute them.

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Key Quotes

“Courts award rehabilitative alimony to provide an opportunity for the former spouse to 'establish the capacity for self-support' commensurate with the standard of living established during the course of the marriage, 'either through redevelopment of previous skills or provision of the training necessary to develop potential supportive skills.'”

Establishes the legal standard and purpose of rehabilitative alimony awards.

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Facts & Procedural History

George and Irina Martire were married for less than one year and had no minor children together. Irina came to the United States from Russia with her …

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Opinion of the Court
POLEN, C.J.

POLEN, C.J.

Former Husband, George Martire, timely appeals from a final judgment of dissolution of marriage. The limited record shows that the parties, who met over the internet, were married for less than one year before Former Husband sought a dissolution of marriage. Their marriage produced no minor children.1 Former Wife came to the United States from Russia with her then nine-year-old son and spoke little English. She had no family here other than her son, and her entire support system was in Russia. Accepting her plan for rehabilitative alimony, the court found she was in need of rehabilitative alimony in the amount of $500 per month, and ordered that it continue until modified by court order, the death of either party or until March 25, 2003, whichever occurred first. On appeal, Former Husband takes issue, generally, with this award.

Courts award rehabilitative alimony to provide an opportunity for the former spouse to “establish the capacity for self-support” commensurate with the standard of living established during the course of the marriage, “either through redevelopment of previous skills or provision of the training necessary to develop potential supportive skills.” Blase v. Blase, 704 So. 2d 741, 742 (Fla. 4th DCA 1998) (citations omitted). In addition, some courts have allowed rehabilitative alimony awards to serve as a “bridge-the-gap” measure to help the recipient spouse make the transition from a married to a single state. Corchado v. Corchado, 648 So. 2d 1261, 1261 (Fla. 4th DCA 1995).

We hold the court’s findings were sufficient to comply with the factors in section 61.08(2), Florida Statutes (1999), so as to support the award. As the court suggested, a sufficient basis for the award was to help Former Wife transition herself into single life in America. See Williamson v. Williamson, 367 So. 2d 1016, 1019 (Fla.1979)(holding that, in awarding alimony, a court may consider “any conduct of either party which may have caused the difficult economic situation in which they stand before the court”). In any event, absent a transcript to refute the findings of the court, we must presume they are correct. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979).

Former Husband also argues he was denied due process because he never received notice that trial would be held on March 1, 2000. Without a trial transcript or some other stipulation by the parties, this court must presume that the court’s contrary findings are correct. Despite this court’s order for him to do so, Former Husband failed to provide this court with a copy of the notice of trial or transcript of the final hearing. See id.; Bimonte v. Martin-Bimonte, 679 So. 2d 18, 19-20 (Fla. 4th DCA 1996)(holding trial court’s findings of fact come to this court clothed with the presumption of correctness and shall not be disturbed unless there was no competent evidence to sustain them). We, therefore, affirm.

AFFIRMED.

WARNER and GROSS, JJ., concur. . Both parties have children from previous relationships.


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Citator

Cited By

  • Rosecan v. Springer, 845 So. 2d 927 (Fla. 4th DCA 2003)
    …nized, “[cjourts award rehabilitative alimony to provide an opportunity for the former spouse to establish the capacity for self-support commensurate with the standard of living established during the course of the marriage.... ” Martire v. Martire, 792 So. 2d 631, 632 (Fla. 4th DCA 2001). Upon remand, the trial court should consider its existing findings concerning the wife’s current and future earning capacity and passive income in relation to the court’s finding of her need. The court may then fashion ali…

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