Green v. Green
126 So. 3d 1112
Fla. Dist. Ct. App.2012Background
- Former Husband petitions for dissolution after 17 years of marriage to Former Wife.
- During proceedings, Former Wife seeks permanent periodic alimony; magistrate conducts hearing and issues findings recommending $2,500 monthly alimony and debt allocations.
- Former Husband, challenging the alimony amount, argues income was miscalculated and debt distribution was not properly considered.
- The trial court adopts the magistrate’s report; amended final judgment grants $2,500 monthly alimony and assigns debt, with certain asset allocations.
- On appeal, court affirms alimony existence but finds error in not imputing income to Former Wife and in not considering debt distribution when calculating alimony.
- Court reverses the alimony amount portion and remands to impute income to Former Wife and recalculate alimony consistent with equitable debt distribution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Imputation of income to Former Wife | Former Husband argues income should be imputed. | Former Wife contends no imputation is necessary. | Reversed; income should be imputed to Former Wife. |
| Effect of debt distribution on alimony amount | Equitable distribution of debt must be reflected in alimony calculation. | Debt allocation should not contaminate alimony calculation. | Remand to recalculate alimony considering debt distribution. |
| Validity of alimony award amount | Alimony amount may be appropriate given factors. | Amount is inappropriate due to improper financial analysis. | Affirmed as to existence of alimony; amount to be reconsidered on remand. |
Key Cases Cited
- Karimi v. Karimi, 867 So.2d 471 (Fla. 5th DCA 2004) (asset usage for living expenses not misconduct defeats asset assignment)
- Byrne v. Byrne, 128 So.3d 2 (Fla. 3d DCA 2012) (requires findings on distribution of marital liabilities before alimony)
- Paul v. Paul, 648 So.2d 1211 (Fla. 5th DCA 1995) (equitable distribution precedes determining post-dissolution support)
- Durand v. Durand, 16 So.3d 982 (Fla. 4th DCA 2009) (best efforts to obtain income support imputation of income)