Larry R. DAVIS, Appellant,
v.
Jeanette V. DAVIS, Appellee.
District Court of Appeal of Florida, Fifth District.
*627 Michael K. Poe of Poe & Poe, P.A., Melbourne, for Appellant.
Maureen M. Matheson of Reinman & Wattwood, P.A., Melbourne, for Appellee.
PETERSON, Chief Judge.
Larry R. Davis appeals a court order requiring him to pay permanent periodic alimony based upon an imputation of income. The specific issue he raises is whether the trial court erred by imputing income to him as though he were gainfully employed when in fact he had been retired for over ten years.
Larry left school in the ninth grade, began a naval career as a teеnager in 1957, and married Jeanette in 1961. Two daughters and a son were born of the marriage, all of whom were born about a year аpart. His duties often kept him from home, including a 13 month tour in Vietnam. In 1977 he retired and found a job as a tugboat master with the Panama Canаl Company in 1978. He retired from that job in 1984. At the time of trial, Larry was 55, suffered from arthritis in his hands and knees, and appeared to have limited, if any, employment potential.
Jeanette similarly has limited employment potential as she has never worked outside the homе. Her health has not been good although her medical expenses have decreased and her past surgeries for cancer had been successful. Continuing periodic examinations are required to monitor for cancerous growths. She is conсerned about future availability of health insurance once coverage terminates through Larry's sources.
The trial court equitably distributed the parties' assets. Larry's combined military and civil service pensions were allocated at $1,077 per month to Jeаnette and $1,428.42 to Larry. The marital domicile with a value of $155,000 was to be sold and the proceeds evenly split. The court further ordered Larry to pay permanent periodic alimony of $525 per month based upon an imputation of income of $1,200 per month.
In awarding alimony, the court must consider the need for support of one spouse and the ability of the other to pay. Canakaris v. Canakaris,
*628 The trial court's finding that Larry is "voluntarily unemployed, but could earn $1,200.00 per month based on his skills, past work and investment talents," is unsuppоrted by the evidence in the record. In fact, the record suggests otherwise. See Fusco v. Fusco,
In sum, there is insufficient evidence to support the trial court's finding that Larry could earn $1,200 per month. There is no evidence as to the anticipated source of the imputed income. Moreover, as to Jeanette's needs, the record evidence does not indicate that shе is in need of alimony. Jeanette was awarded 43% of the retirement pension, amounting to $1,077.58 per month. She was also awarded аbout $78,000 cash based on the sale of the parties' marital home and limited partnership. Such awards are sufficient to sustain Jeаnette in the "modest standard of living" to which the parties are accustomed.
Finally, it appears that both of the parties desire to continue their retirement and custom of living that they have both enjoyed for the last ten years of their marriage. Their standard of living was primarily financed by Larry's pension benefits and both seemed content with that. The portion of those benefits that are сonsidered marital assets are now being divided between them as are the proceeds from the sale of the home and other investments. If either party desires to supplement such income, they certainly may do so as they are good candidates for training in minimum wage type jobs. In fact, the minimum wage was seized upon by the trial court to impute income to Larry. But there is no reason to eliminate Jeanette as a candidate for a minimum wage employee.
There is concern, however, for the uncertain future medical requirements that Jeannette may encounter in view of her history of cancer. The record refleсts that she is unable to obtain medical insurance to replace the health care previously available to her аs a spouse of a military veteran. Due to that uncertainty, although Jeanette does not have current burdensome medical expenses, and because this is a marriage of long duration, we believe that it is appropriate that we remand to thе trial court for consideration of a nominal award of permanent periodic alimony that is capable of being mоdified should Jeanette's medical expenses become burdensome through no fault of her own. While medical insurance would be the desirable method of funding such expenses, Jeanette's testimony that insurance is unavailable remains unrefuted.
The final judgment of dissolution is affirmed except for that portion requiring Larry to pay permanent periodic alimony based upon an imputation of income.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART.
W. SHARP and GOSHORN, JJ., concur.
