Brogdon v. Brogdon
| Decision Date | 08 September 1988 |
| Docket Number | No. 87-1433,87-1433 |
| Citation | 13 Fla. L. Weekly 2091,530 So.2d 1064 |
| Parties | 13 Fla. L. Weekly 2091 Jerry M. BROGDON, Appellant, v. Lanoel M. BROGDON, Appellee. |
| Court | Florida District Court of Appeals |
John P. Townsend, of Chesser, Wingard, Barr & Townsend, Ft. Walton Beach, for appellant.
Patricia Strickland Warren, Ft. Walton Beach, for appellee.
The former husband appeals a final judgment of dissolution of marriage. We reverse.
The parties were married in 1947, separated in 1986 and divorced in 1987. For most of the time during the marriage the wife stayed home to care for the parties' seven now-grown children, and did not engage in any significant outside employment. At the time of the final hearing, the wife was 58 and the husband was 62. The wife is approximately 70 pounds overweight, has hypertension, has had aortic valve surgery, and continues to suffer from an arrythmic heart condition. She takes multiple medications, including antihypertensives, antiarrythmics, and sedatives to reduce stress. The wife has a high school diploma, and has obtained a small number of college credits from a local junior college. After the separation of the parties, but prior to the final hearing, the wife participated in the displaced homemaker's program, through which she found some temporary light work, and she later found a temporary job as an overnight sitter for an elderly woman. She and her doctor both testified that she is not physically capable of handling an ordinary full-time job, but that she is capable of handling some types of sedentary or part-time employment. The wife's financial affidavit reflected zero income and monthly expenses of $1,025. The affidavit does not accurately reflect the wife's post-divorce expenses in that it lists as expenses several items (for example, property taxes and mortgage payments) which have become the husband's sole responsibility under the terms of the final judgment.
The husband suffers from rheumatoid arthritis, and is medically retired from his civil service job. He began working for the government in 1951 or 1952, and quit in 1979 when he was approximately 55 years old. He has a home workshop where he repairs electric appliances for himself and his acquaintances. However, he testified that his ability to work with his hands is limited by his arthritis, and that he earns an average of only $75 per month doing such repair work. The husband's financial affidavit reflects total income of $1,150 and expenses of $1,000.
Real properties owned by the parties were two waterfront lots (each with a mobile home) in Niceville, a seven bedroom marital residence, and two five acre lots in Mossey Head, on one of which there is a mobile home. The marital residence, valued at $63,000, is paid for. The Niceville lots and homes, valued at $75,000, are paid for. The Mossey Head property, valued at $14,000, is subject to an $11,000 mortgage.
In the final judgment, the Niceville property was awarded to the wife, and the marital residence and Mossey Head properties were awarded to the husband. The husband was made responsible for the indebtedness on the Mossey Head property and the wife was awarded one-half of the husband's pension as an equitable distribution of the marital property, plus $1.00 per month as permanent periodic alimony. As additional permanent periodic alimony, the husband was ordered to maintain health insurance for the wife. There was some evidence suggesting that the wife and husband...
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