Holcomb v. Holcomb

• Decision Date: 29 April 1987
• Docket Number: No. BN-342,BN-342
• Parties: 12 Fla. L. Weekly 1113 Virginia Delores HOLCOMB, Appellant, v. Robert M. HOLCOMB, Appellee.
• Court: Florida District Court of Appeals

Page 1385

505 So.2d 1385

12 Fla. L. Weekly 1113

Virginia Delores HOLCOMB, Appellant, v. Robert M. HOLCOMB, Appellee.

No. BN-342.

District Court of Appeal of Florida First District.

April 29, 1987.

Dale E. Rice, Crestview, for appellant.

Ben L. Holley, of Barrow & Holley, Crestview, for appellee.

JOANOS, Judge.

Virginia Delores Holcomb (Wife) appeals from a final judgment of dissolution of marriage and challenges the alimony award and property division. The wife asserts that the trial court erred by: 1) granting her four years of rehabilitative alimony instead of a greater amount of permanent alimony; 2) not awarding her the marital home as lump sum alimony; 3) not awarding her an interest in the husband's retirement plans, and 4) not distributing the marital property equitably. We affirm in part, reverse in part, and remand.

The parties were married on November 19, 1959, and have three adult children. At the time of the final hearing the wife was age forty-three and the husband was age forty-nine. The parties had been having marital problems since approximately 1978, and had been separated for four years at the time of the hearing. The husband had voluntarily been paying the wife $550.00 every two weeks since the separation.

The wife has completed a high school education. She has never been employed and has no job skills except the ability to cook, clean, and teach Sunday school. The wife complains of headaches and a shoulder problem. She has also had problems with her feet and had skin cancer removed from her face prior to the hearing.

The husband testified that he has been living and working overseas as a civil servant with the engineer corps since before the couple was separated. Due to the overseas nature of the work, as long as the husband remains out of the country he makes approximately $50,000 a year, and lives in government supplied housing. The husband further testified that once the overseas jobs terminate he will return to this country at a salary of approximately $34,481, and will have to furnish his own living accommodations. As a result of his divorce his salary will be reduced by $180.27 every two weeks, the amount previously allotted to maintain two homes while he was working abroad.

The parties had accumulated assets during their marriage which consist of the following: the one acre tract that was given to the parties by the parents of the wife on which the marital home is constructed; the four bedroom brick home built on that lot by the husband, in which the wife has lived for the past 13 years, that has an estimated value of between $65,000-80,000, with a $10,000 mortgage; a lot at Villa Tasso that has an estimated value of $4,000; a mobile home in North Carolina that has an estimated value of $12,000, which is rented at $10.00 profit per month and has a mortgage of approximately $9,000; household goods and furnishings in the local brick home; and a few household goods of the husband's, including a motorcycle located in Honduras where he had lived for 2 1/2 years prior to the hearing. In addition, the couple had approximately $13,000 in various checking and savings accounts; a Gulf Life insurance policy issued on the life of the husband that he established in 1966, which will entitle him to a lump sum of $17,000; and the retirement plan of the husband which will yield approximately $12,000 yearly when he attains the age of 55. Also, the parties have two cars. The wife's car is a 1978 Chevrolet Caprice and husband's car is a 1974 Cadillac.

In response to husband's petition for dissolution of marriage, wife asked for permanent alimony, property in and around the homeplace, the 1978 automobile and either the marital home as lump sum alimony or in the alternative, the permanent exclusive use of the home. She also asked for an interest in the husband's retirement plan. The court entered a final judgment on November 14, 1985, wherein the wife was awarded $550 every two weeks as rehabilitative alimony for a period of four years. The lower court awarded the wife sole use and possession of the marital home as permanent alimony, and ordered that the parties hold title as tenants in common. The wife was made responsible for making the $168 payments on the home mortgage as well as paying the taxes and insurance. Wife also received $168 per month as permanent alimony, and she received approximately $3,000 in cash from their various checking and savings accounts. According to the final judgment, the court considered appellee's retirement plan when dividing the couple's assets, but determined that the wife should have no interest in it.

The husband was awarded the lot at Villa Tasso, cash from the accounts totalling approximately $10,000, a one-half interest in the marital home, his retirement and insurance plans, and the trailer in North Carolina. Each party was awarded his or her personal property; the 1974 Cadillac automobile went to the husband and the 1978 Chevrolet to the wife. Also, the court made the husband responsible for the wife's attorney's fees. The wife filed a petition for rehearing which was denied except...