JAMES M. TUTHILL, APPELLANT,
v.
BARBARA ANNE TUTHILL, APPELLEE
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Court affirmed a lump sum alimony award of $129,000 payable upon sale of real property but reversed bridge-the-gap alimony because the former wife had superior net worth and the former husband lacked present ability to pay.
A lump sum alimony award is affirmed but bridge-the-gap alimony is reversed where the former wife has superior net worth after equitable distribution and the former husband lacks present ability to pay.
[1] Bridge-the-gap alimony is not appropriate where the former wife has superior net worth after equitable distribution and the former husband lacks present ability to pay.
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Join FLexlaw to unlock all legal intelligenceJames M. Tuthill appeals a final dissolution order awarding alimony to Barbara Anne Tuthill. The trial court awarded both lump sum alimony of $129,000…
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PER CURIAM.
James M. Tuthill (former husband) appeals a final order of dissolution awarding alimony to Barbara Anne Tuthill (former wife). Based on the unique facts and circumstances of this case, we affirm the lump sum alimony award of $129,000, which is payable when multiple real properties are sold, but reverse the award of bridge-the-gap alimony to the former wife, because of the former wife’s superior net worth after equitable distribution and the present inability of the former husband to pay. We remand this cause to the trial court with directions to reserve jurisdiction to award alimony in the future should the former husband establish an actual or imputed income. See Schwartz v. Schwartz, 450 So. 2d 277 (Fla. 3d DCA 1984) (reversing permanent periodic alimony to wife whose income virtually equaled that of husband and whose earning capacity and net worth exceeded those of husband); see also Misiak v. Misiak, 898 So. 2d 1159 (Fla. 5th DCA 2005) (affirming denial of substantial alimony by trial judge where former husband did not have current ability to pay and former wife’s needs were currently met through her share of the equitable distribution).
Affirmed in part, Reversed in part.
SHAHOOD, GROSS and TAYLOR, JJ., concur.
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State v. Joelis Jardines, 9 So. 3d 1 (Fla. 3d DCA 2008)…nable expectation of privacy at the entrance to property which is open to the public, including the front porch. See State v. Morsman, 394 So. 2d 408 (Fla.1981); State v. E.D.R., 959 So. 2d 1225 (Fla. 5th DCA 2007), and cases cited; Ramize v. State, 954 So. 2d 754 (Fla. 3d DCA 2007); Potts v. Johnson, 654 So. 2d 596 (Fla. 3d DCA 1995); see, e.g., United States v. Cota-Lopez, 104 Fed.Appx. 931 (5th Cir.2004). Compare State v. Rabb, 920 So. 2d at 1191. Pereira, 967 So. 2d at 314 (footnote omitted); State v. E.…1 / 2
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