STANLEY A. TARKOW, APPELLANT,
v.
MIRIAM R. TARKOW, APPELLEE

Fla. 2d DCA | 2001-08-24
No. 2D00-5345
ALTENBERND, A.C.J., and WHATLEY, J., Concur.
805 So. 2d 854 Florida District Court of Appeal, Second District (2001) Caution
Cited by 10 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

Stanley Tarkow appeals a permanent periodic alimony award of $9,000 per month in a divorce case. The appellate court reverses and reduces the award to $8,000 per month, finding the original award was based on inflated expenses in the wife's financial affidavit that lacked legal or factual basis, and that alimony cannot include a savings component under newly established Florida law.


Holding

The $9,000 per month permanent periodic alimony award constituted reversible error. The appellate court reversed the award and reduced it to $8,000 per month, directing the trial court to correspondingly reduce the scheduled reduction amounts after two and four years. The court affirmed the award in all other respects.


Headnotes

[1] Permanent periodic alimony may not include a savings component.

[2] An award of permanent periodic alimony requires a showing of the requesting spouse's need for support and the other spouse's ability to pay.

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Key Quotes

“The purpose of permanent periodic alimony is to provide for the needs and necessities of life for a former spouse as they were established during the marriage of the parties.”

Establishes the legal standard for alimony awards

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Facts & Procedural History

The parties were married for twenty-six years. The husband, an attorney, was the primary wage earner earning approximately $201,000 annually. The wife…

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Opinion of the Court
ELLIS, CYNTHIA A., Associate Judge.

ELLIS, CYNTHIA A., Associate Judge.

Stanley Tarkow (the husband) appeals from a final judgment of dissolution of marriage and challenges the permanent periodic alimony award to Miriam Tarkow (the wife). We reverse and remand for the trial court to enter a reduced alimony award.

On October 13, 1998, the husband filed a petition for dissolution of marriage. At that time, the parties had been married for twenty-six years, the husband was fifty-two years of age, and the wife was forty-eight years of age. The parties have three adult children. During the marriage the husband, an attorney, was the primary wage earner. The wife cared for their children and the home, but she also did some part-time work in her own interior decorating business, as well as a small amount of acting and modeling work.

After conducting a final hearing, the trial court rendered the final judgment of dissolution of marriage on July 7, 2000.

The trial court made an equal equitable distribution, with each party receiving a net distribution of $381,697.50 in assets, which neither party challenges. At issue is the trial court’s permanent alimony award to the wife of $9,000 per month. In making its alimony determination, the trial court imputed $1,000 per month income to the wife, in keeping with the wife’s history of part-time earnings.

The trial court based the husband’s ability to pay on an annual income of $201,000, not the $244,000 that the wife asserted.1 We hold that the $9,000 per month alimony award was reversible error based on a change in the law and a lack of competent substantial evidence. “The purpose of permanent periodic alimony is to provide for the needs and necessities of life for a former spouse as they were established during the marriage of the parties.” Mallard v. Mallard, 771 So. 2d 1138, 1140 (Fla.2000).

Here, the wife’s amended financial affidavit contains expenses that have no legal or factual basis. Her financial affidavit includes a “savings alimony” expense, but after the trial court entered the final judgment, the Florida Supreme Court held that “alimony may not include a savings component.” Mallard, 771 So. 2d at 1141. The wife’s affidavit also lists a nonexistent education expense, a life insurance premium that was double the actual cost, and other overinflated items. To support an award of permanent periodic alimony, the record must establish a spouse’s need for support and the other spouse’s ability to pay. See Gerard v. Gerard, 656 So. 2d 186 (Fla. 2d DCA 1995).

Based on the record evidence, we reverse the permanent alimony award of $9,000 per month and direct the trial court on remand to reduce the alimony award to $8,000 per month.2 In all other respects, the final judgment of dissolution is affirmed.

Affirmed in part, reversed in part, and remanded.

ALTENBERND, A.C.J., and WHATLEY, J., Concur. . The trial court found that the husband's bonus income was speculative and did not include it in his income, and the record supports that finding. Therefore, we note that for the purpose of any future modification, the final judgment is based on the trial court’s finding of a $201,000 annual income for the husband.

. We note that the court provided for a reduction in alimony after two years and again after four years to correspond to an anticipated increase in the wife's income. Neither party challenges that provision. Thus, in addition to decreasing the original $9,000 amount by $1,000, the trial court must correspondingly decrease the reduced alimony amounts.


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Cited By

  • Tarkow v. Tarkow, 128 So. 3d 82 (Fla. 2d DCA 2013)
    …-eight years of marriage. On appeal from the final judgment of dissolution of marriage, this court reduced the amount of the permanent periodic alimony award to the Former Wife and affirmed the final judgment in all other respects. Tarkow v. Tarkow, 805 So. 2d 854 (Fla. 2d DCA 2001). In May 2010, the Former Husband filed a petition seeking a reduction or termination of his obligation to pay permanent periodic alimony. When he filed his modification petition, the Former Husband was obligated to pay the Former…
  • Hutto v. Hutto, 842 So. 2d 994 (Fla. 2d DCA 2003)
    …ade immediately following the close of testimony and argument. Despite these musings, however, there is nothing in the record to support Mr. Hutto’s argument that the alimony award included a savings component. In both Mallard and Tarkow v. Tarkow, 805 So. 2d 854 (Fla. 2d DCA 2001), alimony awards that contained savings components were reversed. In both cases, the wives had requested savings alimony, and the alimony awards included specific savings components. In this case, however, Mrs. Hutto did not plead…
  • Schwab v. Schwab, 864 So. 2d 82 (Fla. 1st DCA 2003)
    …month for meals outside of her home. There is no competent, substantial record evidence to establish that these amounts were derived from the standard of living shared by the parties prior to the wife’s filing for dissolution. See Tarkow v. Tarkow, 805 So. 2d 854, 856 (Fla. 2d DCA 2001) (reversing the trial court’s award of $9000.00 per month in alimony in part for lack of competent, substantial evidence to support inflated items in the wife’s financial affidavit). On remand, the trial court should examine t…

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