AMY LOUISE GARRISON, APPELLANT,
v.
WILLIAM N. GARRISON, SR., APPELLEE
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In this divorce case, the Florida Fourth District Court of Appeal held that a trial court erred by requiring a wife to prove complete and permanent dependence as a pre-condition to receiving permanent alimony. The court reversed the award of rehabilitative-only alimony and remanded for reconsideration, holding that while such dependence is a factor to consider, it is not an essential element in a long-term marriage dissolution.
The trial court erred in making the wife's showing of complete and permanent dependence a pre-condition to permanent alimony. While such dependence is a factor to be considered, it is not an essential element that must be proved. In a long-term marriage with the classic elements present here, permanent alimony should be awarded, though it may be combined with rehabilitative alimony to encourage employment.
[1] A showing of complete and permanent dependence by a spouse is a factor to consider, but not an essential element required for an award of permanent alimony.
[2] A trial court errs by placing the burden on a spouse seeking permanent alimony to demonstrate complete and permanent dependence for the remainder of their life.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a showing of complete and permanent dependence by the wife on her husband is a factor to be considered; but it is not an essential element which must be proved before there can be an award of permanent alimony”
This quote establishes the core holding that complete dependence is a factor but not a required element for permanent alimony in long-term marriages.
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Join FLexlaw to unlock all legal intelligenceAmy Louise Garrison was married to William N. Garrison, Sr. for 32 years. She married at age 18, raised four children, remained out of the workforce a…
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ALDERMAN, Chief Justice.
In this divorce case the wife appeals, contending that the trial court erred by awarding rehabilitative rather than permanent alimony. We hold that the trial court did err when, as a pre-condition to the award of permanent alimony, it placed upon the wife the burden of showing that she must be completely and permanently dependent upon her husband for the rest of her life.
In its final order dissolving the marriage the trial court said:
With respect to the issue of permanent vs. rehabilitative alimony, in many respects this case contains the classic elements of the wife deserving of permanent alimony; a marriage of long duration (32 years); a woman who married at the age of eighteen (18), raised four children, stayed out of the market place at the behest of the husband; a high standard of living and one that would be difficult for the wife to approach from her own efforts, considering her educational and business background; a woman, while not too old to work at a substantial job, nevertheless, is at an age that reasonable employment would be difficult to obtain. On the other hand, the wife impresses the Court as a person capable of obtaining employment after appropriate vocational rehabilitation and after she adjusts to her new situation. It is the burden upon the party seeking permanent alimony to demonstrate that she is entitled to same. The wife has testified that-she is still undergoing considerable emotional stress as a result of the domestic problems leading up to this action for dissolution and the dissolution itself; however, with respect to the length of time necessary to overcome this and to enable the wife to become financially self-sufficient, she has not carried the burden of showing that she must be completely and permanently dependent upon the husband for the rest of her life. [Emphasis supplied.] Accordingly, the Court finds that she is entitled to rehabilitative rather than permanent alimony. It is expressly held that the wife may petition the Court at any time during this rehabilitative period to request a continuation of said period or a modification to make the alimony permanent.
In a recent opinion, intended to clarify the law regarding alimony where a breakup of a long term marriage is involved, we discussed the various factors which should be considered in allowing alimony. McAllister v. McAllister, 345 So. 2d 352 (Fla. 4th DCA 1977). In the light of that opinion, we hold that a showing of complete and permanent dependence by the wife on her husband is a factor to be considered; but it is not an essential element which must be proved before there can be an award of permanent alimony. As was noted by the trial judge, the present case contains most of the factors enumerated in McAllister, indicating that an award of permanent alimony is appropriate.
The error is harmful even though the wife may at any time during the rehabilitative period petition for a continuation of rehabilitative alimony or a modification to make the alimony permanent. This is so because the burden is placed upon the wife to show significantly changed circumstances before there can be a modification. If she is entitled to permanent alimony it should be awarded now. Later, if the husband can show changed circumstances, either his or hers, he may be entitled to modification. Wilson v. Wilson, 279 So. 2d 893 (Fla. 4th DCA 1973).
It may be that a combination of permanent and rehabilitative alimony would be justified. As stated in McAllister, supra, at 355, we do not intend to lend support to the thought that a middle aged healthy woman need not go out to work. The wife should be encouraged to seek employment, and to accomplish this, in addition to permanent alimony, an award of rehabilitative alimony may be appropriate.
Upon remand the trial court is directed to reconsider that part of its final judgment awarding rehabilitative rather than permanent alimony and enter a new order consistent with this opinion.
REVERSED and REMANDED.
LETTS, J., and HASTINGS, ALCEE L., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Colucci v. Colucci, 392 So. 2d 577 (Fla. 3d DCA 1980)…. 2d 1118 (Fla.1980); Ciraco v. Ciraco, 363 So. 2d 53 (Fla. 3d DCA 1978); McCloskey v. McCloskey, 359 So. 2d 494 (Fla. 4th DCA 1978), cert. denied, 368 So. 1370 (Fla.1979); Gratton v. Gratton, 358 So. 2d 262 (Fla. 3d DCA 1978); Garrison v. Garrison, 351 So. 2d 1104 (Fla. 4th DCA 1977), (per Alderman, J.); Bowen v. Bowen, 347 So. 2d 675 (Fla. 3d DCA 1977); West v. West, 345 So. 2d 756 (Fla. 4th DCA 1977); Hawkesworth v. Hawkesworth, 345 So. 2d 359 (Fla. 3d DCA 1977), cert. denied, 355 So. 2d 514 (Fla.1978); McA…1 / 2
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Garrison v. Garrison, 380 So. 2d 473 (Fla. 4th DCA 1980)…imony on the ground that “she has not carried the burden of showing that she must be completely and permanently dependent upon the husband for the rest of her life.” Mrs. Garrison appealed the judgment to this court, which in Garrison v. Garrison, 351 So. 2d 1104 at 1105 (Fla. 4th DCA 1977), reversed that ruling, holding: [T]hat a showing of complete and permanent dependence by the wife on her husband is a factor to be considered; but it is not an essential element which must be proved before there can be a…
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Albena Carrier v. Carrier, 409 So. 2d 256 (Fla. 4th DCA 1982)…t reflect a permanent inability on the part of appellee to become self-sustaining. Without that, there can be no award of permanent alimony.” Id. at 1016. We believe the foregoing doctrine was overruled by our later decision of Garrison v. Garrison, 351 So. 2d 1104 (Fla. 4th DCA 1977). In Garrison we held permanent dependence on a husband was not an essential element requiring proof before an award of permanent alimony could issue. In the present case, at the time of the final hearing in September of 1980, th…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McALLISTER v. McALLISTER, 345 So. 2d 352 (Fla. 4th DCA 1977)
- Mazel & Broche, Inc. v. First Fed. Sav. & Loan Ass'n OF Miami, 279 So. 2d 893 (Fla. 3d DCA 1973)