LATHAM DAVIS, JR., APPELLANT,
v.
MARY B. DAVIS, APPELLEE
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In this divorce case, the Florida First District Court of Appeal upheld an award of lifetime alimony to Mrs. Davis but modified the judgment to reverse a lien on Mr. Davis's real property and to reserve jurisdiction for potential lump-sum adjustments upon his early death.
The court upheld the lifetime alimony award extending beyond Mr. Davis's death as proper under the unique circumstances, but reversed the lien on real property as unjustified absent evidence of intent to avoid alimony payments or conceal assets. The court also modified the judgment to reserve jurisdiction for potential lump-sum awards equivalent to the present value of lifetime alimony in the event of Mr. Davis's early death.
[1] Alimony obligations may extend beyond the death of the payor spouse when justified by the circumstances of the marriage and the needs of the recipient spouse.
[2] A trial court should reserve jurisdiction to consider a lump sum alimony award equivalent to the present value of lifetime alimony in the event of the payor spouse's earl…
Previewing 2 of 4 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“Without continuing alimony payments, Mrs. Davis would be subject to a substantial, perhaps shocking, change of financial position if Mr. Davis should predecease her. Considering all these unique circumstances, the trial court did not err in extending Mr. Davis' alimony obligation beyond his death and in making the obligation a charge on his estate.”
The court's rationale for upholding lifetime alimony extending beyond the payor's death based on the parties' circumstances.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceLatham Davis, Jr. (age 56) and Mary B. Davis (age 59) were married 27 years and enjoyed an affluent lifestyle with frequent travel and country club me…
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SMITH, Judge.
Latham Davis, Jr., appeals from a final judgment of dissolution awarding his former wife $2,200 per month alimony until she dies or remarries, and providing that the alimony obligation shall survive Mr. Davis’ death and be secured by a lien against Mr. Davis’ interest in certain real property.
Mr. Davis petitioned for dissolution when he was 56 years old and Mrs. Davis was 59. They had been married 27 years and had enjoyed a very comfortable standard of living, including frequent travel, country club membership, and other amenities of an affluent life. Both were in reasonably good health but Mr. Davis had retired from active employment on his doctor’s advice. Mrs. Davis had never been employed outside the home and had no training for employment, but the court found that her contribution to the marriage had enabled Mr. Davis to accumulate a substantial estate in his own name. Mr. Davis had assets valued at over $2,000,000 and annual income in retirement of $100,000.
Without continuing alimony payments, Mrs. Davis would be subject to a substantial, perhaps shocking, change of financial position if Mr. Davis should predecease her. Considering all these unique circumstances, the trial court did not err in extending Mr. Davis’ alimony obligation beyond his death and in making the obligation a charge on his estate. First National Bank in St. Petersburg v. Ford, 283 So. 2d 342 (Fla.1973). We consider, however, that the trial court should have explicitly reserved jurisdiction to consider making a lump sum award to Mrs. Davis, equivalent to the then present value of her interest in receiving lifetime alimony, in the event of Mr. Davis’ early death. Such an award would preclude an indefinite delay in closing the estate, reducing hardship and inconvenience to the executor and beneficiaries alike. The judgment is accordingly modified.
The trial court exceeded its power in making the alimony obligation a lien against certain of Mr. Davis’s real property holdings. While trial courts have authority to make provisions securing alimony payments, that power is to be exercised only “[w]hen either party is about to remove himself or his property out of the state, or fraudulently convey or conceal it . . .” Section 61.11, Florida Statutes (1977). In the absence of evidence showing an intent to be uncooperative or an intent to convey or conceal assets, the imposition of a security requirement is unjustified. Stern v. Stern, 75 So. 2d 810 (Fla.1954); Peteler v. Peteler, 145 So. 2d 291 (Fla. 3d DCA 1962). Compare Carter v. Carter, 164 So. 2d 219 (Fla. 1st DCA 1964).
The record here demonstrates no intent or desire by Mr. Davis to avoid alimony payments. In the final judgment, the trial judge noted that “[sjince their separation in December, 1974, the wife has continued to reside in the marital home, and the husband has provided her with cash and other benefits so as to enable her to maintain a standard of living approximating that established during the marriage.” We recognize the trial judge’s concern that Mr. Davis might dispose of his assets and frustrate the court’s intention to provide alimony payments continuing beyond his death. But we hold that there must be evidence of such intent to justify the imposition of a lien.
Mr. Davis’ other points are without merit. That portion of the judgment appealed from which imposes a lien on real property is REVERSED, the judgment is MODIFIED to provide for retention of jurisdiction for the purpose stated; and as so modified the judgment is otherwise AFFIRMED.
McCORD, C. J., and BOYER, J., concur.
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Stith v. Stith, 384 So. 2d 317 (Fla. 2d DCA 1980)…gainst the husband’s estate. We initially wrote this opinion to state that although two of our sister courts have approved an alimony award charged against the obli-gor’s estate, Rouse v. Rouse, 313 So. 2d 458 (Fla. 3d DCA 1975), and Davis v. Davis, 358 So. 2d 126 (Fla. 1st DCA 1978), we felt that there was a serious question whether a trial judge in Florida has the authority to make such an award based on circumstances such as those in the case before us. In the course of our writing, the supreme court rende…
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Kennedy v. Kennedy, 464 So. 2d 1289 (Fla. 1st DCA 1985)…appellant husband’s first point on appeal is that the court erred in placing a lien against the notes and mortgages to secure his payment of periodic alimony. [*1291] Relying on White v. White, 429 So. 2d 730 (Fla. 1st DCA 1983), and Davis v. Davis, 358 So. 2d 126 (Fla. 1st DCA 1978), he argues that the evidence was insufficient to support a finding of intent on his part to convey or conceal assets for the purpose of avoiding payment of alimony. In any event, appellant contends, the trial judge abused his dis…
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Elga B. White v. Latrell White, 429 So. 2d 730 (Fla. 1st DCA 1983)…alimony payments in the absence of evidence that husband intends to fraudulently convey or conceal assets. We agree. Such a lien is proper only where there is evidence of intent to be uncooperative or to convey or conceal assets. See Davis v. Davis, 358 So. 2d 126 (Fla. 1st DCA 1978). The record does not support wife’s allegations that husband attempted to conceal any of his assets or to conceal the fact that he had placed the proceeds from the sale of his Trans-Air stock in the Merrill Lynch account. We reve…
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
- Peteler v. Peteler, 145 So. 2d 291 (Fla. 3d DCA 1962)
- The First Nat'l Bank IN ST. Petersburg v. Ford, 283 So. 2d 342 (Fla. 1973)
- Morton Stern v. Stern, 75 So. 2d 810 (Fla. 1954)
- Carter v. Carter, 164 So. 2d 219 (Fla. 1st DCA 1964)