Werner v. Werner, 90-10
| Decision Date | 28 May 1991 |
| Docket Number | No. 90-10,90-10 |
| Citation | 587 So.2d 473 |
| Parties | Judith L. WERNER, Appellant, v. Michael B. WERNER, Appellee. 587 So.2d 473, 16 Fla. L. Week. D1447 |
| Court | Florida District Court of Appeals |
Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, and Joel Perwin and Barry Meadow, Miami, for appellant.
Bluestein & Wayne, Cooper, Wolfe & Bolotin, and Marc Cooper and Joan Bolotin, Miami, for appellee.
Before HUBBART, BASKIN and COPE, JJ.
Judith Werner appeals a final judgment of dissolution of marriage and amended final judgment; 1 Michael Werner cross-appeals. We affirm in part and reverse in part.
Mr. Werner instituted proceedings to dissolve the parties' twenty-year marriage. The Werners actively contested the value of the marital assets, an issue the trial court resolved by valuing the assets at more than six million dollars. Because the assets' disparate rates of return prevented the court from formulating an exactly equal division, the court awarded Mrs. Werner lump sum alimony. In an amended final judgment, however, the court awarded the wife additional permanent periodic alimony designed to "fully effectuate the equitable distribution...." The trial court also ordered the husband to pay child support for the parties' three minor children.
The parties disputed the court's valuation of their income-generating notes and mortgages. To reflect their present worth, the trial court reduced the values of the notes and mortgages at different rates, because the margins of risk varied, the notes might never be collected, and they could not be sold at face value. In addition, the trial court further reduced the values of the notes and mortgages to allow a credit for existing income tax liabilities pertaining to the notes and mortgages.
The wife contends that the trial court erred in reducing the value of the marital assets by the amount of the husband's tax liability and that the court erred in requiring her to pay her attorney's fees. In his cross-appeal, the husband argues that the trial court erred in awarding the wife permanent periodic alimony. We address these issues in turn.
First, we review the trial court's reduction of the value of the mortgages and notes to reflect existing tax liability. In our view, the trial court did not abuse its discretion in considering the tax consequences of the assets. Cameron v. Cameron, 570 So.2d 1087 (Fla. 1st DCA 1990). When the court allocates an asset that is accompanied by tax liability, the court should consider the resulting tax liability. Gentile v. Gentile, 565 So.2d 820 (Fla. 4th DCA 1990); Calamore v. Calamore, 555 So.2d 1302 (Fla. 4th DCA 1990). Expert testimony demonstrated that the notes and mortgages awarded to the husband as part of the equitable distribution of property carried tax liabilities and supported the trial court's determination of the values. We therefore affirm that portion of the final judgment.
Next, we consider the wife's contention that the trial court erred in ordering the parties to pay their own attorney's fees and costs. We agree with her assertion. "It is not necessary that one spouse be completely unable to pay attorney's fees in order for the trial court to require the other spouse to pay these...
To continue reading
Request your trial
-
Straley v. Frank
...proceedings. The Canakaris concept of awarding attorney's fees is alive and well. For example, in Werner v. Werner, 16 F.L.W. D1447 587 So.2d 473 (Fla. 3d DCA May 28, 1991), the Third District followed Next, we consider the wife's contention that the trial court erred in ordering the partie......
-
Straley v. Frank
...denying temporary attorney's fees. The Canakaris concept of awarding attorney's fees is alive and well. For example, in Werner v. Werner, 587 So.2d 473 (Fla. 3d DCA1991), rev. denied, 599 So.2d 661 (Fla.1992), the Third District followed Next, we consider the wife's contention that the tria......
-
Sol v. Sol
...spouse had no earning ability at all, or was currently unemployed, or was engaged in a rehabilitative program. See Werner v. Werner, 587 So.2d 473 (Fla. 3d DCA 1991), review denied, 599 So.2d 661 (Fla.1992); Barbieri v. Barbieri, 582 So.2d 640 (Fla. 3d DCA 1991); Portuondo v. Portuondo, 570......
-
Schaeffer v. Schaeffer
...that the husband has superior financial ability to pay; the wife's request for fees should have been granted. Werner v. Werner, 587 So.2d 473 (Fla. 3d DCA 1991). I would therefore reverse the final judgment of dissolution and remand for further Before BARKDULL, BASKIN and GERSTEN, JJ. ON RE......
-
Property Transfers & Distribution of Assets and Liabilities
...was held to be sufficient basis for affirming an unequal distribution—36% to the Wife and 64% to the Husband). Werner v. Werner , 587 So. 2d 473 (Fla. 3d DCA 1991) (The trial court was affirmed in reducing the values of notes and mortgages to allow a credit for existing tax liabilities and ......
-
Equitable distribution and property issues
...Distribution and Property Issues §15:175 to do equity and justice between parties, for equitable distribution); Werner v. Werner, 587 So. 2d 473 (Fla. 3d DCA 1991) (trial court affirmed in reducing values of notes and mortgages to allow for credit for existing tax liabilities); Calamore v. ......
-
Impact on divorce taxation issues of the Taxpayer Relief Act of 1997.
...Privett v. Privett, 535 So. 2d 663 (Fla. 4th D.C.A. 1988) (taxes suffered from premature withdrawal from savings plan); Werner v. Werner, 587 So. 2d 473 (Fla. 3d D.C.A. 1991) (tax liabilities and accounts under installment sales contracts); Nicewonder v. Nicewonder, 602 So. 2d 1354 (Fla. 1s......
-
Tax-effecting marital property: the wild card in valuation.
...is certain to occur within a timeframe that can be reasonably predicted. The only other case out of the Third District, Werner v. Werner, 587 So. 2d 473 (Fla. 3d DCA 1991), follows the same rule, i.e., that the value should be tax-effected when there is a known, existing tax liability conne......