Cruz v. Cruz
| Decision Date | 26 December 1990 |
| Docket Number | No. 89-2673,89-2673 |
| Parties | 16 Fla. L. Weekly 75 Rosa C. CRUZ, Appellant, v. Maximo L. CRUZ, Appellee. |
| Court | Florida District Court of Appeals |
Mallory H. Horton, Miami, for appellant.
Margulies & Rones and Bruce M. Margulies and Victor Rones, North Miami Beach, for appellee.
Before NESBITT, BASKIN and COPE, JJ.
Rosa Cruz appeals a final judgment in an action for dissolution of marriage. We affirm in part and reverse in part.
First, we have carefully considered the former wife's arguments with respect to the issue of child custody, but conclude that no reversible error has been shown with respect to the custody award in this case. See Dinkel v. Dinkel, 322 So.2d 22, 23 (Fla.1975); Richardson v. Richardson, 442 So.2d 1005 (Fla. 3d DCA 1983).
Second, the former wife's argument with respect to the marital home has merit. The wife has custody of the youngest child, now age fourteen. We conclude that the trial court should have allowed the wife to remain in the marital home until the youngest child reaches the age of majority, rather than having the home sold at the present time. See Neustein v. Neustein, 503 So.2d 439 (Fla. 4th DCA 1987); Cabrera v. Cabrera, 484 So.2d 1338 (Fla. 3d DCA 1986).
Third, this was a long-term marriage of seventeen years, during which the wife was a homemaker and did not have outside employment. She has expressed a desire for training in the profession of nursing and the final judgment makes an award intended for that purpose. However, the testimony is uncontroverted that the wife's earning potential subsequent to completion of training will be in the $18,000 per year range, while the husband presently earns $60,000 or more. The former wife will be entering the job market at the age of forty-six. There is no suggestion that the former wife's earning potential will approach that of the former husband. In view of the disparity in the earning power of the parties and the other circumstances just outlined, an award of permanent periodic alimony should have been made. We reverse and remand for entry of an appropriate award. See Askegard v. Askegard, 524 So.2d 736 (Fla. 1st DCA), review denied, 536 So.2d 243 (Fla.1988); Henning v. Henning, 507 So.2d 164 (Fla. 3d DCA 1987); see also Canakaris v. Canakaris, 382 So.2d 1197, 1201-02 (Fla.1980).
Fourth, the final judgment contains an award of lump sum alimony payable in installments over the space...
To continue reading
Request your trial
-
Kennedy v. Kennedy
...alimony, but reversing because amount was insufficient, to 41-year-old wife of 17-year marriage producing no children); Cruz v. Cruz, 574 So.2d 1117 (Fla. 3d DCA 1990) (concluding that 17-year marriage was long-term where wife, who had custody of youngest child, would enter job market at ag......
-
Demont v. Demont
...See Hill v. Hooten, 776 So.2d 1004, 1007 & n. 3 (Fla. 5th DCA 2001) (characterizing a 17–year marriage as long-term); Cruz v. Cruz, 574 So.2d 1117, 1118 (Fla. 3d DCA 1990). It is well-established in Canakaris and its progeny that “[a] trial court has considerable discretion in determining a......
-
Zeigler v. Zeigler
...DCA 1993); Shudlick v. Shudlick, 618 So.2d 740 (Fla. 4th DCA 1993); Wolff v. Wolff, 576 So.2d 852 (Fla. 1st DCA 1991); Cruz v. Cruz, 574 So.2d 1117 (Fla. 3rd DCA 1990). Raising children constitutes a significant contribution to the family and frees the other spouse to pursue the wage-earnin......
-
Alcantara v. Alcantara, No. 3D08-1265.
...well settled, and the trial court properly found, that a nineteen-year marriage qualifies as a long-term marriage. See Cruz v. Cruz, 574 So.2d 1117 (Fla. 3d DCA 1990) (recognizing seventeen-year marriage as long term); Kvittem v. Kvittem, 365 So.2d 791 (Fla. 4th DCA 1978) (same; nineteen-ye......
-
Marriage dissolution
...become emancipated, or the former wife remarries.” [ Dehler v. Dehler , 648 So. 2d 819, 820 (Fla. 4th DCA 1995). Accord , Cruz v. Cruz , 574 So. 2d 1117, 1117-18 (Fla. 3d DCA 1990) (“trial court should have allowed the wife to remain in the marital home until the youngest child reaches the ......
-
Alimony and support
...factors, standard of living gained greater importance in long-term marriages prior to the statutory enactment. [ Cruz v. Cruz , 574 So. 2d 1117 (Fla. 3d DCA 1990).] The term, “needs and necessities of life” in the statute is found in prior ALIMONY, SUPPORT §16:22 Florida Family Law and Prac......