Kirchman v. Kirchman, 78-2410

• Citation: 389 So.2d 327
• Decision Date: 22 October 1980
• Docket Number: No. 78-2410,78-2410
• Parties: Budagail S. KIRCHMAN, Appellant, v. Kenneth P. KIRCHMAN, Appellee. /T4-281.
• Court: Court of Appeal of Florida (US)

Page 327

389 So.2d 327

Budagail S. KIRCHMAN, Appellant, v. Kenneth P. KIRCHMAN, Appellee.

No. 78-2410/T4-281.

District Court of Appeal of Florida, Fifth District.

Oct. 22, 1980.

Jack B. Nichols and Harold L. Downing of Nichols & Associates, P. A., Orlando, for appellant.

J. Cheney Mason and Donald A. Lykkebak, Orlando, for appellee.

DAUKSCH, Chief Judge.

This is an appeal from a judgment in a marriage dissolution action.

The first point on appeal challenges the method by which the trial court dealt with a major asset of the parties. In examining the transcript of the findings of the trial court and comparing those declarations with the judgment, we find some difficulty in determining exactly how the trial court meant to treat the capital stock of Florida Software Services, Inc., which stock was titled in the husband's name alone. The appellant claimed a special equity in a portion of the capital stock and the court specifically found no special equity. However, the court did make the statement: "I think it would be an absolute catastrophe and a sin for this court to permit Mrs. Kirchman to have any financial interest in the company after this case was over." There are also indications from the record that the trial judge felt that Mrs. Kirchman was entitled to take from her husband a portion of his assets to equalize the assets of the parties upon dissolution. This is reflected by the statements of the trial judge:

Now, I obviously cannot sit here and tell you that I state for sure exactly what the value of that company is. I am in the posture of making a very educated guess solely upon the testimony that's been presented before me here. The value suggested was anywhere between two hundred and fifty thousand dollars, all the way up to two million five hundred thousand dollars. That's quite a spread. I was able to go ahead and come up with a figure and feel fairly confident with it because I knew in the back of my mind that in the event I was wrong, if I did set what the value of the company was specifically at this time, you know, March the 2nd, nineteen hundred and seventy-eight, that if the company went under on December the 30th of nineteen hundred and seventy-eight and the value turned out to be three hundred percent less than what I said it was, whatever, that a modification petition could come in and we could go ahead and make the necessary adjustments. Also, I knew that in the event that the value that I set was one half of what it really was and it was twice the amount, and if subsequently proved that the value significantly increased, and there was still corresponding need, and that type of thing, that I could go ahead and make an adjustment. So, knowing that, I didn't feel pushed really to have to come up with a very difficult task of really nailing down what the exact figure was, but I did the best I could with all the testimony that came in. And, in my opinion, that the value of the company as of today is seven hundred fifty thousand dollars. So, I've set that value as that side of the asset. I've put that on the husband's side of the ledger which means now he's starting off with seven hundred and fifty thousand dollars.

Now, getting down to the alimony situation. This was the most difficult area to work in. It's obvious to me I've got to supply-in order to try to offset the tremendous assets I'm giving to the husband-the value of those stocks. I've got to try to go ahead and set out periodic alimony for the wife and, yet, I'm looking at a depreciated cash flow situation as far as the husband goes .... I've got to go ahead and make it as easy as possible during this transition period.

I believe the wife is going to have to eventually get out and work. It's obvious that she's been sitting back praying for a miracle, and that miracle hasn't been forthcoming, and I can't perform any miracles. So, I need for her to have, you know, something to get by on. Initially a little bit more because now's the critical time as far as she goes. And, as the months and years go by, reduce it so that her need won't be as great.

In the judgment the trial court then awarded alimony from the husband to the wife in the amount of $2,500.00 per month for six months; $2,000.00 for the next thirty months; $1,500.00 for the next twenty-four months and $600.00 for the next one hundred eighty months.

While it appears the trial court was attempting to do equity between the parties to give the wife a portion of the husband's assets, it becomes more apparent upon deeper consideration that equity was not done. Although the attempt to balance the assets was done through periodic alimony payments, it was not done in any method heretofore recognized proper under the law.

There are three recognized types of alimony. The first is permanent periodic alimony which is used generally to provide support from a financially able former spouse to a financially needy former spouse. The second is rehabilitative alimony which is from a financially able former spouse to a financially needy former spouse to assist the needy in adjusting to a new life and to aid in obtaining new skills, education and/or other rehabilitation. Rehabilitative alimony is for a set period of time and ofttimes for a specific purpose such as obtaining a degree or a skill and a return to the labor marketplace. The last recognized form of alimony is called lump-sum alimony and that is generally recognized as an alternative to one of the two foregoing types of alimony and is not for the recognition of a special equity to the receiving former spouse but has been used to...