Carolyn Idell Wade ADAMS, Appellant,
v.
John C. ADAMS, Appellee.
District Court of Appeal of Florida, Third District.
Joe N. Unger, Miami, for appellant.
Melvyn B. Frumkes, Elser, Greene & Hodor and Cynthia L. Greene, Miami, for appellee.
Before SCHWARTZ, C.J., and BASKIN and LEVY, JJ.
*495 PER CURIAM.
In this appeal from a final dissolution of marriage, Carolyn Idell Wade Adams, the wife, argues that the trial court erred in refusing to grant her either rehabilitative or permanent alimony, and in refusing to distribute a one-half value of a securities investment account. We reverse in part and affirm in part.
The pertinent facts reflect that the husband and wife were married for 20 years and had two children. During the marriage, the husband obtained a law degree and an advanced degree in taxation, while the wife obtained a bachelor's degree in education and a master's degree in English. At the time of the final judgment, the wife was working as a part-time professor as well as a proof-reader for a law firm. The wife expressed an interest in returning to school to obtain a Ph.D. in the hopes of gaining greater job security and a tenured position at the university level. The husband had been working as a bank trust officer, but was unemployed at the time of trial.
With respect to the alimony issue, rehabilitative alimony is proper in those cases where the receiving spouse can be rehabilitated to a self-supporting financial stature commensurate with the standard established during the marriage. Akers v. Akers,
A divorced wife is entitled to live in a manner reasonably commensurate with the standard established by the husband during the course of a long-term marriage. A court must base an award of alimony to a wife upon the ability of her husband to pay that award and her financial needs in light of the standard of living she enjoyed during the marriage.
See also Royal v. Royal,
Because rehabilitative alimony is premised upon the assumption that the receiving spouse is capable of self-support, in those cases where there is no such capacity, there is nothing to which the receiving spouse can be rehabilitated, and therefore an award of rehabilitative alimony would be inappropriate. Lash v. Lash,
In determining whether to award permanent periodic alimony, the two main criteria to be considered are the needs of the spouse requesting the alimony, and the ability of the other spouse to pay. Canakaris v. Canakaris,
Turning to the wife's second issue on appeal concerning distribution of the securities investment account, the record reveals that the husband owned approximately $185,000.00 in stocks and bonds which were gifted to the husband at different times both before and during the marriage. These securities were held in two different accounts a portfolio account and a margin account. The margin account was used by the parties during the marriage as credit for acquiring marital assets and as funds for marital expenses. Both parties repaid the margin account on several occasions, and the wife had the authority to sign her husband's name to checks drawn on the margin account. We agree with the trial court's finding that the margin account was a marital asset under these circumstances.
However, we disagree with the trial court's conclusion that the portfolio account was non-marital and, thus, not subject to equitable distribution. The portfolio account was used as security for the margin account. The gifted assets in both the portfolio and margin accounts both lost their separate character when they were intermingled with marital assets. See Claughton v. Claughton,
Affirmed in part and reversed in part and remanded with directions.
NOTES
Notes
[1] We do not disturb on appeal the trial court's award of $10,000 to the wife (mislabeled as lump sum "rehabilitative" alimony), which the husband was required to pay in order to assist the wife in relocation expenses and in acquiring a new home.
