Camille C. LAZ, Appellant,
v.
Andre L. LAZ, Appellee.
District Court of Appeal of Florida, Second District.
Cynthia L. Greene of Law Offices of Cynthia L. Greene, P.A., Miami, for Appellant.
John R. Asbell and James F. Caudill, of Asbell, Coleman & Ho, P.A., Naples, for Appellee.
*967 QUINCE, Judge.
Camille C. Laz challenges the trial court's award of alimony in this dissolution of marriage appeal. We reverse the amount of alimony awarded because the trial court improperly imputed income to the wife and improperly calculated the income of the husband. In all other respects, we affirm.
The Lazes were married in 1961 when the husband was a junior in medical school. During the marriage, the wife, who had completed one year of college, was primarily a homemaker, seeing to the needs of the husband and their four children. The husband was the provider; he was and is a physician in the private practice of medicine. When the children were older, the wife began to pursue part-time activities outside the home. First, she and a friend opened a cooking school. After the children went to college, the wife turned her cooking skills into a part-time catering business, but she earned less than $10,000.00 per year at this enterprise. Sometime later, she opened a deli with her son. After four years the deli was sold for the amount of the initial investment. Over the nearly thirty-five years the parties were married, they accumulated assets worth between $1,572,066.00 and $1,856,942.00.
In determining the amount of permanent periodic alimony to which the wife was entitled, the trial court used the figure of $310,000.00 a year as the husband's income and imputed $1,000.00 a month in income to the wife. The accountant for the wife testified that the husband's 1995 income, when adjusted to reflect certain benefits, was $397,000.00. The accountant who testified on behalf of the husband indicated the 1995 income with benefits added was $340,000.00.
This was a long-term marriage with a wife in need of permanent periodic alimony and a husband with the financial ability to pay alimony. The wife argues the trial court erred in awarding only $7,000.00 a month in permanent periodic alimony. We agree because the alimony calculation was based on an incorrect determination of the incomes of the parties. See Gildea v. Gildea,
The trial court also erred in its determination of the husband's income. As noted previously, the alimony award was based on income for the husband of $310,000.00. However, even the trial court acknowledged that the actual income for the husband during the two-year period prior to the final hearing was $340,000.00 per year. It is this current income which should form the basis for the alimony award. See McLean v. McLean,
The trial court found that the parties enjoyed a "comfortable" standard of living during the marriage. The marital home was valued at 1.7 million dollars, and the parties had accumulated other assets including bank accounts, stocks, and a land trust. In a long-term marriage, such as this one, the amount of alimony awarded should be determined in accordance with the standard of living enjoyed during the marriage. See Zeigler v. Zeigler,
We reverse the trial court's alimony award and remand for a redetermination of the amount of alimony consistent with this opinion.
BLUE, A.C.J., and NORTHCUTT, J., Concur.
