GREGORY A. KOBE, FORMER HUSBAND, APPELLANT/CROSS-APPELLEE,
v.
PATTY L. KOBE, FORMER WIFE, APPELLEE/CROSS-APPELLANT

Fla. 1st DCA | 2015-03-18
No. 1D13-5699
WOLF, THOMAS, and WETHERELL, JJ., concur.
159 So. 3d 986 Florida District Court of Appeal, First District (2015) Caution
Cited by 4 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.


Holding

The court held that the alimony award exceeded the former wife's stated need and lacked sufficient findings to support the increased amount.


Facts & Procedural History

The former husband appealed a final judgment of dissolution of marriage, raising issues concerning permanent periodic alimony. The former wife cross-a…

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
PER CURIAM.

PER CURIAM.

The former husband appeals from a final judgment of dissolution of marriage. He raises, a number of issues concerning the award of permanent periodic alimony to the former wife before and after the sale of the marital home. The former wife raises a number of issues on cross-appeal. We find that the only issues having merit concern the trial court’s determination of the former wife’s need for the amount of alimony awarded.

Specifically, we determine that the amount of alimony awarded both before and after the sale of the marital home, when coupled with the amount of income imputed to the former wife, exceed the former wife’s stated need. The trial court made no findings to support this award. In Gray v. Gray, 103 So.3d 962, 966 (Fla. 1st DCA 2012), we determined that when a court awards more alimony than requested without sufficient findings in the final judgment to support the increased award, *987the award must be reversed and remanded for further proceedings.

In addition, while there is ample evidence that the parties enjoyed a high standard of living during the marriage, there is little specific evidence in the record concerning the former wife’s expected expenses after the marital home is sold, and the trial court did not make specific findings concerning this matter.

We, therefore, reverse and remand for further proceedings concerning the amount of alimony needed by the former wife. In all other respects, the final judgment of dissolution is affirmed.

WOLF, THOMAS, and WETHERELL, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Holder v. Lopez, 274 So. 3d 518 (Fla. 1st DCA 2019)
    …ng housing expenses to Former Wife on this record. See Hedden v. Hedden, 240 So. 3d 148, 151-52 (Fla. 5th DCA 2018) (finding it an abuse of discretion to base alimony award on mere possibilities or speculation about future events); Kobe v. Kobe, 159 So. 3d 986, 987 (Fla. 1st DCA 2015) (concluding trial court erred in awarding alimony without sufficient record evidence and findings of actual expenses). In addition, the record reflects that Former Wife has accumulated credit card debt that she attrib…
    1 / 2
  • Hamilton v. Hamilton (Fla. 1st DCA 2021)
    …permanent alimony and $139 in child support. Mr. Hamilton contends that the alimony award lacks record support and that the court improperly awarded more alimony to Ms. Hamilton than she requested without making specific findings. See Kobe v. Kobe, 159 So. 3d 986, 986–87 (Fla. 1st DCA 2015) (“[W]hen a court awards more alimony than requested without sufficient findings in the final judgment to support the increased award, the award must be reversed and remanded for further proceedings.”). Mr. Hamilton’s clai…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw