Marian MARSHALL, Appellant,
v.
Dan MARSHALL, Appellee.
District Court of Appeal of Florida, Fourth District.
Linnes Finney, Jr., and Lorenzo Williams of Gary, Williams & Walker, Fort Pierce, for appellant.
Jacqueline L. Russakis, Fort Pierce, for appellee.
LEE, J. CAIL, Associate Judge.
This is an appeal from a final judgment of dissolution of marriage. The Wife in this seventeen year marriage claims that, along with the child support and other awards made to her, she should have been granted permanent periodic alimony rather than lump sum alimony. We agree.
*707 We recognize that there were few assets and relatively little money in this marriage. Nonetheless, the Husband's future security is assured, as least to a limited extent, by his retirement pay, which he may be able to supplement. The Wife's chances to obtain self-supporting employment, although not impossible, appear more unlikely. Under all the circumstances of this case, it was error not to award the Wife permanent periodic alimony. Although it is not our usual function to set the amount of an award, in this case we hold that permanent periodic alimony of Two Hundred Dollars ($200.00) per month to the Wife is an equitable sum. As was said in Wilson v. Wilson,
Accordingly, the judgment appealed from is modified by eliminating the award of lump sum alimony and inserting in its stead permanent periodic alimony in the sum of $200.00 per month. As so modified the judgment is affirmed.
DOWNEY, J., concurs.
LETTS, J., concurs specially with opinion.
LETTS, Judge, specially concurring.
I think the majority has reached the correct result in this case, but I remain uneasy about what we do.
Commencing with Canakaris v. Canakaris,
We have also substituted permanent periodic alimony for lump sum. Again I think we are correct based on the facts of this case because the "lump sum" here awarded was only $10,800 payable in monthly installments of $100 for 108 months.
