Brennan v. Brennan
122 So. 3d 923
Fla. Dist. Ct. App.2013Background
- Consolidated appeal by Former Husband (Daniel J. Brennan) from final judgment of dissolution and post-judgment contempt orders entered after two motions by Former Wife (Marianne K. Brennan).
- Trial court distributed marital assets/liabilities, awarded Former Wife temporary use and equity in the marital home but omitted Exhibit A from the final order and did not clearly address title or partition.
- Trial court imputed income to Former Wife at $15,000/year despite testimony supporting a substantially higher entry-level salary and without required specific findings on voluntariness or ability to obtain employment.
- Trial court ordered Former Husband to pay private school tuition for the minor child and to maintain life insurance to secure alimony/child support, but failed to make required findings regarding ability to pay, best interest, availability, cost, or impact.
- Trial court awarded Former Wife attorney’s fees at final hearing and in contempt/enforcement proceedings and found Former Husband in contempt for unpaid support; the contempt and enforcement awards depended on underlying support/alimony findings and arrearage calculations that lacked competent specific evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Equitable distribution of marital home (title/partition) | Wife sought equity and partition; awarded equity and temporary use | Husband argued trial court failed to properly divide or shift title | Reversed—trial court failed to identify/value/divide home (Exhibit A missing); partition not addressed; remand for proper distribution |
| Imputation of income to Wife | Wife: unemployed/seeking work; testified entry-level salary ~$36,000; expert $25,000 min | Court imputed $15,000; Husband urged imputation | Reversed—trial court failed to make required specific findings and $15,000 unsupported by evidence |
| Noncustodial parent pay private school tuition | Wife: private school aligns with standard of living and child’s best interest; Husband can pay | Husband challenged ability to pay and lack of findings | Reversed—trial court did not make required findings on ability to pay, standard of living, or best interest |
| Life insurance to secure support | Wife argued life insurance necessary to secure obligations | Husband contested availability/cost and court failed to find impact on his finances | Reversed—trial court made no findings on availability/cost/necessity; order must be redetermined with required findings; insurance amount cannot exceed support obligation |
| Attorney’s fees tied to equitable distribution | Wife sought fees; trial court awarded fees at final hearing | Husband argued redistribution on remand may affect fees | Reversed as to fees—equitable distribution reversal may alter fee award; remand to reassess |
| Contempt findings and enforcement purge (including arrearage) | Wife sought enforcement of support, fees, and contempt sanctions; testified to arrearage amount | Husband argued contempt based on awards lacking findings; arrearage calculation unsupported | Reversed—contempt based on reversed support/alimony and unsupported fee awards must be vacated; arrearage ($19,246) lacked competent evidentiary basis and must be recalculated/remanded; purge payment source issues require findings only if coercive sanctions imposed |
Key Cases Cited
- Pantuso v. Pantuso, 335 So.2d 861 (Fla. 2d DCA 1976) (failure to partition when requested is reversible error)
- Sweeney v. Sweeney, 583 So.2d 398 (Fla. 1st DCA 1991) (an error in one part of distribution may require reconsideration of entire scheme)
- Gelman v. Gelman, 24 So.3d 1281 (Fla. 4th DCA 2010) (requirements for ordering private school tuition)
- McDaniel v. McDaniel, 835 So.2d 1265 (Fla. 1st DCA 2003) (failure to make required factual findings on private school tuition requires reversal)
- Galstyan v. Galstyan, 85 So.3d 561 (Fla. 4th DCA 2012) (trial court must make specific findings about availability and cost before ordering life insurance)
- Segall v. Segall, 708 So.2d 983 (Fla. 4th DCA 1998) (reexamination of attorney’s fees may be required when equitable distribution is changed on appeal)
- Powell v. Powell, 55 So.3d 708 (Fla. 4th DCA 2011) (contempt grounded on an unsupported award must be reversed)
- Payton v. Payton, 109 So.3d 280 (Fla. 1st DCA 2013) (arrearage findings require competent substantial evidence)