Bible v. Bible
| Decision Date | 14 April 1992 |
| Docket Number | Nos. 90-2468,90-2713,s. 90-2468 |
| Citation | 597 So.2d 359 |
| Parties | Patricia Rae BIBLE, Appellant, v. Richard Lee BIBLE, Appellee. 597 So.2d 359, 17 Fla. L. Week. D978 |
| Court | Florida District Court of Appeals |
Magill & Lewis and R. Fred Lewis, Miami, for appellant.
Elser, Greene & Hodor and Cynthia Greene, Miami, for appellee.
Before BARKDULL, NESBITT and LEVY, JJ.
Wife appeals from a final judgment of dissolution of marriage, claiming the trial court erred in failing to award her (1) permanent alimony; (2) lump-sum alimony consisting of the husband's interest in the marital home; and (3) attorney's fees.
The twenty-five year marriage of Patricia Rae Bible and Richard Lee Bible was dissolved by final judgment dated July 30, 1990, at which time the wife was forty-four years old, and employed as a full-time receptionist-secretary earning a net monthly income of $1048. The husband was employed as an Assistant Director of the Dade County Aviation Department, earning a net monthly income of $4700. There was one minor child, aged sixteen, still living in the marital home. The home was valued at between $225,000 and $250,000, and was encumbered by a $110,000 mortgage.
The wife had completed two semesters of college before marrying the husband in August 1964. Shortly thereafter, the wife quit school and worked to support the husband while he continued to pursue his educational and career opportunities. Throughout the marriage, the wife held various part-time jobs, but her main roles were as wife, homemaker, and mother to their two children.
The final judgment provided, inter alia, that the wife would be awarded exclusive use and occupancy of the marital home until the minor child turned eighteen years of age, and would be responsible for most of the expenses associated with the home. Six months before the minor child's eighteenth birthday, the marital home was to be listed for sale, with the net proceeds from the sale of the home to be shared equally between the parties. The husband was ordered to pay $680 per month child support, and $1,700 per month rehabilitative alimony commencing August 1, 1990. The rehabilitative alimony would terminate upon the wife's remarriage, upon the death of either party, or at the end of five years from August 1, 1990. At a later hearing, the court determined that each party would bear his or her own attorney's fees, but the husband was ordered to pay the sum of $603.25 representing the wife's costs of the action.
First, the wife appeals the award of rehabilitative alimony claiming that she should have been awarded permanent periodic alimony. We agree. It is well settled that the purpose of permanent periodic alimony is to provide the needs and necessities of life to a former spouse as they were established by the marriage of the parties. Canakaris v. Canakaris, 382 So.2d 1197, 1201 (Fla.1980). In fixing the amount of support payments, the standard of living to be used is that last shared by the spouses during the marriage. Lanier v. Lanier, 594 So.2d 809 (Fla. 1st DCA Feb. 21, 1992); Pfaffko v. Pfaffko, 559 So.2d 1204, 1205 (Fla. 2d DCA 1990).
Rehabilitative alimony, on the other hand, is used "to establish the capacity for self-support of the receiving spouse, either through the redevelopment of previous skills or provision of the training necessary to develop potential supportive skills." Canakaris, 382 So.2d at 1202. Thus, rehabilitative alimony is proper only where "the evidence suggests that the wife can be rehabilitated to a financial stature that would permit her to become self-supporting." Lanier, 594 So.2d at 811 (quoting Allison v. Allison, 491 So.2d 1201, 1202 (Fla. 1st DCA 1986)).
Although the wife is currently employed as a receptionist-secretary, it is clear that her income very likely will never be as great as her husband's. Furthermore, there is no evidence that the rehabilitative award was made to facilitate any type of additional schooling or training. It is, therefore, unlikely that she will ever be able to support herself at a standard of living commensurate with that established during the marriage. Cosgrove v. Cosgrove, 491 So.2d 1219 (Fla. 1st DCA 1986). Thus, the mere fact that the wife is employed and has an income does not mean that she is self-supporting and, therefore, undeserving of permanent alimony. O'Neal v. O'Neal, 410 So.2d 1369, 1371 (Fla. 5th DCA 1982).
Furthermore, this court...
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Kennedy v. Kennedy
...during the parties' long-term marriage. 1 That is clearly a valid function for a permanent alimony award. See, e.g., Bible v. Bible, 597 So.2d 359 (Fla. 3d DCA 1992); Womble v. Womble, 546 So.2d 24 (Fla. 5th DCA I am concerned that trial judges in this district will read this majority opini......
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...parties wind up with an equal ability to pay, then the parties should bear their own attorney's fees and costs. See Bible v. Bible, 597 So.2d 359, 361 (Fla. 3d DCA 1992).1 Of course, as in the case of every determination which involves a predictive element, an award which includes the gifts......
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...permanent alimony. See Steinberg v. Steinberg, 614 So.2d 1127 (Fla. 4th DCA), review denied, 626 So.2d 208 (Fla.1993); Bible v. Bible, 597 So.2d 359 (Fla. 3d DCA 1992). Especially when a party has not been employed outside the home for many years, the trial court should take care to structu......
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Adams v. Adams
...denied the wife's request for rehabilitative alimony, 1 but erred in denying the wife an award of permanent alimony. See Bible v. Bible, 597 So.2d 359 (Fla. 3d DCA 1992); Lanier v. Lanier, 594 So.2d 809 (Fla. 1st DCA 1992); Meachum v. Meachum, 580 So.2d at 333; Akers v. Akers, 582 So.2d at ......