MONDA BAKER, APPELLANT,
v.
HARRY P. BAKER, APPELLEE

Fla. 3d DCA | 1974-02-26
No. 73-592
Before PEARSON, CARROLL and HENDRY, JJ.
291 So. 2d 33 Florida District Court of Appeal, Third District (1974) 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

In this divorce appeal, the wife challenges the trial court's award of rehabilitative alimony rather than permanent alimony, its division of marital assets, and its failure to retain jurisdiction. The Third District Court of Appeal affirmed the rehabilitative alimony award but modified the judgment to extend the husband's obligation to pay mortgage, taxes, and insurance on the marital home beyond one year, since the wife and children retained possession.


Holding

The court affirmed the trial court's award of rehabilitative alimony of $750 per month for one year as a proper exercise of discretion, but modified the judgment to require the husband to continue making mortgage, tax, and insurance payments on the marital home as long as the wife and children retain possession, rather than limiting such payments to one year. The court also confirmed that the trial court properly retained jurisdiction over the matter.


Headnotes

[1] An award of rehabilitative alimony is authorized by statute, and the party challenging such an award bears the burden of demonstrating a clear abuse of discretion by the…

[2] The criteria for determining alimony awards, including the husband's ability to pay and the wife's needs, remain the same under no-fault divorce, considering the standard…

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Key Quotes

“One challenging an alimony award has the burden of demonstrating a clear abuse of discretion by the trial court.”

Establishes the standard of review for alimony awards and the burden on the appealing party.

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Facts & Procedural History

Mrs. Baker, age 41, was a licensed Registered Nurse (licensed in Georgia) prior to her marriage. The husband, a Circuit Court Judge, earned a gross an…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal by the wife from a final judgment of dissolution of marriage.

Mrs. Baker was awarded rehabilitative alimony, pursuant to Fla.Stat. § 61.08(1), F.S.A., of $750 per month for one year, and $400 per month in child support for the four children born of the marriage. Ownership of the marital residence was divided between the couple, with the wife and children retaining the right of possession in the property. The husband also was ordered to make all mortgage, tax and insurance payments on the marital home for one year; thereafter each party would pay one-half of the said sums. The responsibility for insurance and medical payments for the children also was placed upon the husband.

The appellant contends that the trial court erred in awarding rehabilitative alimony rather than permanent alimony; in declaring the husband sole owner of certain stock; in failing to retain jurisdiction should the needs of Mrs. Baker change; and in failing to award the husband’s interest in the marital home as partial lump sum alimony to the wife where she will be making half of the payments on the house in one year. The wife in this case is forty-one years old. Prior to her marriage, Mrs. Baker held a job as a licensed Registered Nurse. She is licensed in Georgia, not in Florida. The record reveals that the husband’s total assets as reflected in a financial statement dated October 3, 1972 are valued at $75,420, including his equity in the marital home and stock holdings. The husband’s gross annual salary, derived from his service as a Circuit Court Judge, is $32,000, which amounts to a net weekly salary of $447.64.

An award of rehabilitative alimony is authorized by Section § 61.08. One challenging an alimony award has the burden of demonstrating a clear abuse of discretion by the trial court. Singer v. Singer, Fla.App.1972, 262 So. 2d 731; Sharpe v. Sharpe, Fla.App. 1972, 267 So. 2d 665. The criteria employed in determining the amount of alimony to which a former wife will be entitled remains the same under no-fault divorce, the husband’s ability to pay and the needs of the wife taking into consideration the standard of living shared by the parties to the marriage. Firestone v. Firestone, Fla.1972, 263 So. 2d 223; Dash v. Dash, Fla.App.1973, 284 So. 2d 407.

Applying these principles of law to the facts of the instant case, we think the trial court did not abuse its discretion in awarding to the wife rehabilitative alimony of $750 per month to terminate within one year. However, under the circumstances of this case, we do not think the provision of the award respecting the husband’s payment of the mortgage, taxes and insurance on the marital home to end in one year was proper, where the wife and children will be given possession of the home. The final judgment is hereby modified to provide that the husband continue making mortgage, tax and insurance payments upon the said home, until the wife’s right to possession of the house for use as the family home for her and the children shall terminate.

We have also reviewed appellant’s third point: that the trial court failed to retain jurisdiction of the cause to provide for the future needs of Mrs. Baker and the children. However, in paragraph five (5) of the final judgment the trial court does in fact clearly retain jurisdiction.

We have considered appellant’s other points in light of the briefs, arguments of counsel, and controlling legal principles, and have concluded that no reversible error has been shown. Therefore, for the reasons stated, the judgment as modified is affirmed.

Affirmed as modified.


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Citator

Cited By

  • Fugassi v. Lucien A. Fugassi, 332 So. 2d 695 (Fla. 4th DCA 1976)
    …d to receive alimony, attorney’s fees, costs and arrearages. We do not agree that she is entitled to the life insurance policy. 1. ALIMONY. Alimony is determined by the needs of the wife and the [*697] ability of the husband to pay. Baker v. Baker, 291 So. 2d 33 (Fla.App.1974); Firestone v. Firestone, 263 So. 2d 223 (Fla.1972). Respondent-wife is 62 years old and has supported herself from the approximately $16,000 net she received from the husband in settlement of a Pennsylvania judgment, resulting from hi…
  • Olin B. Wade v. Wade, 320 So. 2d 48 (Fla. 3d DCA 1975)
    …PER CURIAM. Affirmed upon authority of Fishman v. Fishman, Fla.App.1971, 245 So. 2d 258; Christianson v. Christianson, Fla.App.1973, 274 So. 2d 562; Goldblatt v. Goldblatt, Fla.App.1973, 277 So. 2d 34; Baker v. Baker, Fla.App.1974, 291 So. 2d 33.…
  • Caracristi v. Virginius Z. Caracristi, 324 So. 2d 634 (Fla. 2d DCA 1976)
    …not inconsistent herewith. BOARDMAN, J., and SCHWARTZ, ALAN R., Associate Judge, concur. . See Caracristi v. Caracristi (Fla.App.2d, 1974) 298 So. 2d 596. . See Firestone v. Firestone (Fla.1972), 263 So. 2d 223; Baker v. Baker (Fla.App.3d, 1974, 291 So. 2d 33; Dash v. Dash (Fla. App.3d, 1973) 284 So. 2d 407.…

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