Carlton v. Carlton
| Decision Date | 10 May 1924 |
| Citation | 100 So. 745,87 Fla. 460 |
| Parties | CARLTON v. CARLTON. |
| Court | Florida Supreme Court |
Proceeding between Thomas N. Carlton and Ada Carlton. From the order entered, the former appeals.
Reversed and remanded, with directions to dismiss.
Syllabus by the Court
Divorced wife after remarriage not entitled to alimony from divorced husband. A divorced wife who married another man is not entitled to alimony from her divorced husband.
Appeal from Circuit Court, Hardee County; F. M. Robles, judge.
Mabry, Reaves & Carlton, of Tampa, for appellant.
Altman & Morrow, of Tampa, for appellee.
On a former appeal herein a decree granting a divorce to the husband and denying alimony to the wife was affirmed as to the divorce and reversed as to the alimony, the cause being remanded for appropriate proceedings awarding the wife a reasonable allowance for her maintenance and support. Carlton v. Carlton, 78 Fla. 252, 83 So. 87.
Subsequently an appeal was taken from an order denying a motion made by the complainant to dismiss the proceedings on the ground that his divorced wife had married. The Chancellor states in his order that he would have granted the motion, but denied it only because he regarded the opinion of this court as holding the defendant divorced wife to have 'a special equity in the property' of the husband. Some of the language of the opinion is not clear, but its import is that under the circumstances of the case as stated the divorced wife should equitably have from the husband a reasonable allowance for her maintenance and support. As the divorced wife has married, she is not entitled to alimony or maintenance and support (1 R. C. L. 950); therefore the order appealed from is reversed, and the cause is remanded, with directions to dismiss the proceedings.
It is so ordered.
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Hartzell v. Hartzell, 82-2045
...based upon a need for support and an ability to pay is not appropriate after remarriage of the party seeking support. Carlton v. Carlton, 87 Fla. 460, 100 So. 745 (1924). However, lump sum alimony remains a vehicle for providing the remarried spouse an equitable share of the marriage's accu......
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State Ex Rel. Willard v. Harrison
...and that the relator's funds are insufficient to continue future payments in the sum of $150 per week. In the case of Carlton v. Carlton, 87 Fla. 460, 100 So. 745, this court held that a divorced wife who married another other man is not entitled to alimony from her divorced husband. See Wi......
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Frye v. Frye
...prior to the advent of the concept of rehabilitative alimony. Six supreme court cases have touched on the question. Carlton v. Carlton, 87 Fla. 460, 100 So. 745 (1924); Vance v. Vance, 143 Fla. 513, 197 So. 128 (1940); Friedman v. Schneider, 52 So.2d 420 (Fla.1951); Chaachou v. Chaachou, 13......
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Alsop v. Commissioner of Internal Revenue
...the duty to pay alimony ceases on the remarriage of the divorced wife. Tremper v. Tremper, 39 Cal.App. 62, 177 P. 868; Carlton v. Carlton, 87 Fla. 460, 100 So. 745; Evans v. Evans, 229 Ky. 21, 16 S.W.(2d) 485; Morgan v. Lowman, 80 Ill.App. 557. See, also, 2 Schouler on Marr., Div., Sep. and......