Greeley v. Greeley, 90-2880
| Decision Date | 12 July 1991 |
| Docket Number | No. 90-2880,90-2880 |
| Parties | Joan M. GREELEY, Appellant, v. Donald J. GREELEY, Appellee. 583 So.2d 1078, 16 Fla. L. Week. D1824 |
| Court | Florida District Court of Appeals |
Thomas W. Lager of Lager & O'Steen, P.A., Tallahassee, for appellant.
Frank E. Sheffield, Tallahassee, for appellee.
The appellant/former wife appeals from a final judgment dissolving her marriage to the former husband. We affirm in part and reverse in part.
The former husband and wife were married for 30 years, during which time the former wife's primary responsibilities were to raise the parties' three children, who have now attained the age of majority. The former husband retired from the New York State Police after 24 years and is currently employed by the State of Florida earning approximately $50,000 annually. The former husband also receives retirement benefits from the State of New York on a monthly basis of $1,093.34, net. The former wife, age 54 at the time of the final hearing, has a fifth grade education, and has a high school equivalency degree. The former wife has enrolled in a local community college and is taking courses, but has not articulated any concrete goals to establish financial independence, although she has expressed a desire to become self-supporting.
The final judgment awarded the former wife $600 per month permanent periodic alimony and $400 per month rehabilitative alimony for five years. The appellant was also awarded exclusive use and possession of the parties' marital home for five years during which time the former husband would be responsible for payment of the mortgage, taxes, and any major repairs, and the former wife would be responsible for the monthly expenses such as utilities, phone, any minor repairs and maintenance. At the end of five years, the home is to be sold and the proceeds divided, with the former husband receiving an additional $25,000 from the net proceeds of the sale based on a special equity he established in the home.
It is well settled that it is within a trial court's discretion to establish the amount of alimony to be awarded, and the award will not be disturbed on appeal if reasonable men could differ as to the propriety of the action taken by the trial court. Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980). We believe reasonable men could not differ as to the amount of alimony awarded the appellant.
In McAllister v. McAllister, 345 So.2d 352 (Fla. 4th DCA 1977), the former wife was awarded $500 per month permanent alimony and $500 per month rehabilitative alimony following the dissolution of the parties' 24-year marriage. The former wife was also awarded the use and occupancy of the marital home for five years, during which time the former husband was to pay the mortgage and taxes. At the end of that five-year period, the house was to be sold and the proceeds equally divided. The court noted that the 48-year-old former wife contributed to the early success of her husband's career as a physician, enjoyed a high standard of living, bore her husband four children, and will...
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