Beard v. Beard
| Decision Date | 09 May 1972 |
| Docket Number | No. P-345,P-345 |
| Citation | 262 So.2d 269 |
| Parties | Charles O. BEARD, Appellant, v. Louise H. BEARD, Appellee. |
| Court | Florida District Court of Appeals |
John M. Coe, of Coe & Coe, Pensacola, for appellant.
David H. Levin, of Levin, Warfield, Graff, Mabie & Rosenbloum, Pensacola, for appellee.
Appellant seeks review of a final judgment of divorce rendered by the Circuit Court of Escambia County. The sole question presented by appellant challenges that provision of the judgment which awards permanent alimony to appellee. The latter has cross-assigned as error that provision of the final judgment which awards to appellant a sum of money inherited by him from his father during the marriage.
Appellee instituted this action for separate maintenance unconnected with divorce in which she prayed for custody of the minor children born of the marriage, the exclusive use and occupancy of the marital home owned by the parties, together with the furniture and furnishings located therein.
Appellant counterclaimed, alleging that appellee was guilty of extreme cruelty and habitual intemperance. He further alleged that the parties had been voluntarily living separate and apart from each other for a period of more than two years. Based upon the forgoing grounds, appellant prayed for a judgment of divorce from appellee.
The undisputed evidence establishes that when appellee married appellant in 1947 she was 23 years of age, had a high school education, and was working as an employee at the local telephone company earning a salary equal to that earned by appellant at that time. They lived together as husband and wife until appellant left the marital home and separated from appellee in January, 1968. During the period of their cohabitation as husband and wife, appellee worked as an employee with the telephone company for approximately 4 1/2 years, using her income to assist in defraying the family expenses. Three children were born of the marriage and lived at home with their parents until the separation in 1968.
For some ten years or more prior to the separation, appellee developed a drinking problem brought about by the voluntary use of intoxicating beverages to such an extent as to disrupt the family unit and cause bitterness and hard feelings among the members of the family toward appellee and toward each other. Family relations in the home become so intolerable that appellant established a separate place of abode for himself, leaving appellee and their three children with the exclusive use and occupancy of the home which was owned by the parties as an estate by the entireties. Appellant made weekly contributions for the support and maintenance of appellee and the children although the youngest daughter subsequently moved from her mother's home into the house occupied by her father.
Shortly after their separation appellee secured employment in the post office at the University of West Florida where she occupied a supervisory position which entailed the responsibility of operating the office with seven employees under her supervision. She retained this employment until she voluntarily resigned therefrom less than 60 days prior to the institution of this action. Appellee's reason for resigning was attributed by her to the pressures of her work coupled with the pressures exerted upon her by her children in the home due to the deteriorating relationship which had developed between them. The evidence is fairly susceptible of the inference that appellee's condition of poor health which existed before and during the progress of this action was caused primarily by her excessive indulgence in alcoholic beverages which caused her to be highly nervous and experience a loss in weight. She testified, however, that she was endeavoring to overcome her drinking problem through association with Alcoholics Anonymous and a desire on her part to fully regain her health so she might return to a position of gainful employment. The evidence further establishes that appellant's net income from wages is the sum of approximately $9,500.00 annually after deductions for federal income and social security tax withholding.
By the final judgment rendered herein the trial court found that, although neither party was without fault, the preponderance of the equities lies with appellant husband and he is entitled to a divorce from appellee wife on the ground of habitual intemperance and indulgence in alcoholic beverages. By the terms of the judgment, the court awarded appellee the exclusive use of the marital home together with all furniture and furnishings located therein; the exclusive use of a 1967 Chevrolet automobile in her possession; one-half of a $15,900.00 joint savings account owned by the parties; a $1,400.00 savings account in her name on deposit in the credit union; and permanent alimony in the sum of $100.00 per week or $5,200.00 annually. At the time the judgment was rendered the oldest child of the parties had entered the military service and was self-supporting; custody of the next oldest child, a son 18 years of age, was awarded appellee upon the finding by the court that he was partially self-supporting and the only need he had from his parents was a home in which to live; and custody of the youngest child was awarded to appellant in accordance with her expressed desire. The remaining one-half of the $15,900.00 joint savings account owned by the parties was awarded to appellant, as was the sum of $11,000.00 on deposit in a Pensacola bank which was an inheritance received by appellant from his father at the time of the latter's death. A boat, motor, and trailer together with a 1961 Chevrolet automobile in possession of appellant was also awarded to him by the court.
It is appellant's position that the trial court abused its discretion under the facts and circumstances of this case when it awarded permanent alimony to appellee in the sum of $100.00 weekly. The payment of such amount out of the established income of appellant would provide appellee with the sum of $5,200.00 annually, in addition to which she has the use of their fully furnished marital home. None of the amounts so paid to appellee would be diminished by needs of the minor children, none of whom are dependent upon her for support. This would leave appellant out of his earnings...
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...intact. See Martin v. Martin, 366 So.2d 475 (Fla. 3d DCA 1979); Oliver v. Oliver, 285 So.2d 638 (Fla. 4th DCA 1973); Beard v. Beard, 262 So.2d 269 (Fla. 1st DCA 1972). But, again, neither of these situations nor any equivalent one was shown to exist in this case. Thus we adopt and apply the......
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