Chiyo ALLISON, Appellant,
v.
Donald Edward ALLISON Appellee.
District Court of Appeal of Florida, First District.
*1202 Michael J. Korn, Jacksonville, for appellant.
Douglas C. Higginbotham, Jacksonville, for appellee.
WILLIS, BEN C. (Retired), Associate Judge.
This is an appeal from a final judgment of dissolution of marriage. The following issues have been presented for our consideration: (1) whether the trial court erred in failing to award the wife permanent periodic alimony, and in failing to award an adequate amount of alimony; (2) whether the trial court erred in failing to equitably distribute the marital assets of the parties; and (3) whether the trial court erred in failing to specifically address and rule in its final judgment on certain issues which were raised by the pleadings and at trial. We reverse in part and remand.
The husband and wife were married in 1962 in Okinawa, Japan, while the husband was on active duty in the United States Air Force. The wife was a nineteen-year-old Japanese national at the time. The parties subsequently returned to the United States, and the wife became a United States citizen. Three children were born of the marriage, one of whom was still a minor at the time of the parties' divorce.
During the course of the marriage the wife served as a homemaker/mother and was not employed outside the marital home. At the time of the final hearing, as the trial court found, the wife had difficulty with the English language and had "very limited skills with which to obtain satisfactory employment."
Prior to the final hearing in this cause, the wife underwent various testing and interviews to determine her employability. According to the testimony of an occupational analyst, the wife must improve her typing skills in order to do light clerical work, paying no more than $4 per hour. The expert also opined that the wife might be able to obtain work as a computer data operator, earning a salary in the level of $12,000 per year, if she were to engage in classes for two years for proper training.
The court in its final order found that the wife, unlike the husband, is "living from day to day" and has no separate funds or assets of her own. Yet, the trial court merely awarded her one year of rehabilitative alimony, instead of permanent periodic alimony.
It is well settled that the purpose of permanent periodic alimony is to provide the needs and necessities of life to a former spouse as they were established during the marriage of the parties. Canakaris v. Canakaris,
In Colucci v. Colucci,
Likewise, in Fazli v. Fazli,
As noted by the Florida Supreme Court in the Canakaris opinion, judges dealing with cases that are essentially alike should reach the same result. "Different results reached from substantially the same facts comport with neither logic nor reasonableness." Canakaris at 1203. Accordingly, we reverse the trial court's award of rehabilitative alimony, finding it constitutes an abuse of discretion under these circumstances, and remand with directions that it be made permanent in nature. However, we do not feel it can be said the trial court abused its discretion in fashioning the amount of alimony to be received by the wife, and affirm this portion of the order.
With regard to the distribution of the parties' marital assets, the wife was only awarded exclusive possession of the marital home until such time as the parties' youngest child reached the age of majority. The trial court failed to equitably distribute a $12,000 bank account and a parcel of property located in Sumter County, both held in the husband's sole name.
Although a property distribution need not be exactly equal, parties to a dissolution proceeding are entitled to an equitable distribution of the marital assets. Tronconi v. Tronconi,
As the instant record shows, both the bank account and the Sumter County property were accumulated by the husband and wife during the course of their marriage. Accordingly, we find both are marital assets and should have been the subject of equitable distribution at the trial level.
Having determined that a more equitable distribution of the parties' assets must be achieved, we would suggest to the trial court, upon remand, that it consider awarding to the wife the husband's interest in the parties' home as one method by which this goal might be met. Tronconi v. Tronconi, supra (trial court did not abuse its discretion in determining that an equitable distribution could be achieved through entry of cross awards which gave the wife the marital home and gave to the husband a second house and some investment property). We believe this would be a reasonable course of action as the husband relies on the interest generated from the bank account to form part of his income. Sever v. Sever,
Upon remand, we further direct the trial court to order equal distribution of the parties' 1984 income tax refund and to address the wife's needs as to health care. Likewise, the issue of who is responsible for the mortgage payments on the family's *1204 home should be addressed, for the sake of clarity, and who is responsible for repairs.
Reversed in part and remanded with directions.
WENTWORTH and NIMMONS, JJ., concur.
