JEROME BELSKY, APPELLANT,
v.
ELEANOR BELSKY, APPELLEE
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Jerome Belsky appeals from a divorce judgment's financial provisions, specifically challenging a lump sum alimony award and an injunction preventing him from extending a Massachusetts trust. The appellate court affirmed the trial court's award, finding it reasonable given the husband's substantial current and anticipated future assets.
The court affirmed the lump sum alimony award as reasonable in light of the husband's substantial assets and his anticipated receipt of trust corpus in 1976. The court also upheld the injunction against extending the trust, finding the trial court had jurisdiction to enter an in personam order against the husband even though it affected assets in a foreign jurisdiction.
[1] A trial court may award lump sum alimony based on the total assets a party will receive upon termination of a trust, even if those assets are not yet in possession.
[2] A trial court has the power to enter in personam orders affecting assets in a foreign jurisdiction, provided the order is directed against a party within the court's juri…
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Join FLexlaw to unlock all legal intelligence“We find no error in the award of lump sum alimony to the wife, in light of the total assets that will come into the possession of the husband as the settlor of a short term Massachusetts Trust in 1976.”
Establishes the court's reasoning for affirming the alimony award based on the husband's anticipated future assets
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe parties married in 1960 and adopted two children, living a lavish lifestyle in New York. Jerome Belsky created a Massachusetts trust that would ex…
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PER CURIAM.
Jerome Belsky appeals from the financial provisions of a judgment dissolving his marriage to the appellee.
The principal points on appeal are that the award of lump sum alimony was excessive as to the needs of the wife and as to the husband’s ability to pay and, further, that the trial court erred in enjoining the appellant from extending a trust which will expire on December 14, 1976 by its terms.1'
The record on appeal discloses that the parties were married in early 1960; they adopted two small children; they had lived on a lavish scale in the City of New York; have gone through certain domestic litigation in the State of New York, which is not pertinent to this decision. We find no error in the award of lump sum alimony to the wife, in light of the total assets that will come into the possession of the husband as the settlor of a short term Massachusetts Trust in 1976. Pending the receipt of these funds, the trial judge provided for periodic alimony, which is not an issue on this appeal. The husband has current assets on hand in excess of $250,000.-00.
Examining the record in toto, we find no error on the part of the chancellor in the amount of the lump sum award.2 Fishman v. Fishman, Fla.App.1971, 245 So. 2d 258; Langston v. Langston, Fla.App. 1972, 257 So. 2d 625; Bosem v. Bosem, Fla.1973, 279 So. 2d 863. As to the ability of the husband to pay, this may be diminished at the present time but, from the record, he will obviously have the capacity to make such a payment upon the termination of the trust which he created and which will expire in 1976. The trust, by its terms, will expire on December 14, 1976 although the trust also contains a provision which would permit the husband, as settlor, to continue the trust. No such election had been made prior to the final judgment involved in this case, and we find no error in the trial judge prohibiting the appellant from continuing this trust so that upon its termination he may receive the corpus [which the record reflects will have a total value in excess of $500,000.00.]
The appellant also contends that the court lacked the jurisdiction to enter an order as to the trust in Massachusetts, citing Biederman v. Cheatham, Fla.App. 1964, 161 So. 2d 538; Hanson v. Denckla, 357 U.S. 235, 78 S.Ct. 1228, 2 L.Ed.2d 1283. We find these authorities to be good law but inapplicable in the instant case, as the trial judge did not interfere with the trustees or the corpus of the trust in Massachusetts but only entered an order in personam against the appellant which is effective upon the expiration of the trust. The courts have the power in equity matters to enter in personam orders, even though they may affect assets in a foreign jurisdiction. Winn v. Strickland, 34 Fla. 610, 16 So. 606; Lemire v. Galloway, 130 Fla. 101, 177 So. 283; Tower Credit Corporation v. State, Fla.App.1966, 187 So. 2d 923.
Therefore, for the reasons above stated, the order respecting the financial aspects of the dissolution of marriage proceedings be and the same is hereby affirmed.
Affirmed.
. The appellant also sought reversal of the award of attorney fees, contending that the award was not supported in the record. This point is found to be not well taken, in light of the stipulation of the parties.
. Upon the satisfaction of this obligation, the husband is relieved of any periodic support.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Dov Gelkop v. Gelkop, 384 So. 2d 195 (Fla. 3d DCA 1980)…al Savings & Loan, supra. . The majority in this case has similarly treated the Israeli lawyer’s letter as a “nullity.” As in the Beil case, however, we should hold that it is a “nullity” for some, but not for all purposes. . See Belsky v. Belsky, 324 So. 2d 111 (Fla. 3d DCA 1975), cert. denied, 336 So. 2d 1180 (Fla.1976). . Kitchens v. Kitchens, 162 So. 2d 539 (Fla. 3d DCA 1964); see Pearson v. Pearson, 213 So. 2d 304 (Fla. 3d DCA 1968).…
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Gen. Elec. Cap. Corp. v. Advance Petroleum, Inc., 660 So. 2d 1139 (Fla. 3d DCA 1995)…65 (1909); accord Dusesoi v. Dusesoi, 498 So. 2d 1348 (Fla. 2d DCA 1986); Sammons v. Sammons, 479 So. 2d 223 (Fla. 3d DCA 1985); General Motors Corp. v. State, 357 So. 2d 1045 (Fla. 3d DCA), cert. denied, 365 So. 2d 712 (Fla.1978); Belsky v. Belsky, 324 So. 2d 111 (Fla. 3d DCA 1975), cert. denied, 336 So. 2d 1180 (Fla.1976). See also Hudson v. Hudson, 494 So. 2d 664 (Ala.Civ.App.1986); Davis v. Davis, 68 Cal.App.3d 294, 137 Cal.Rptr. 265 (Cal.Ct.App.1977); Arthur v. Arthur, 625 S.W. 2d 592 (Ky.Ct.App.1981); C…
Authorities Cited
- Hanson v. Denckla, 357 U.S. 235 (U.S. 1958)
- Bosem v. Arie Lionel Bosem, 279 So. 2d 863 (Fla. 1973)
- In re Est. of Edward Biederman v. Cheatham, 161 So. 2d 538 (Fla. 2d DCA 1964)
- Lemire v. Galloway, 130 Fla. 101 (Fla. 1937)
- Dores R. Fishman v. Fishman, 245 So. 2d 258 (Fla. 3d DCA 1971)
- Winn v. Gillum B. Strickland, 34 Fla. 610 (Fla. 1894)
- Langston v. Langston, 257 So. 2d 625 (Fla. 3d DCA 1972)
- Tower Credit Corp. v. State, 187 So. 2d 923 (Fla. 4th DCA 1966)