Ruth W. McLAUCHLIN, Appellant/Cross-Appellee,
v.
David D. McLAUCHLIN, Appellee/Cross-Appellant.
District Court of Appeal of Florida, Second District.
*813 N. David Korones, Clearwater, for appellant/cross-appellee.
Hоward B. Bischoff, Bradenton, for appellee/cross-appellant.
ALTENBERND, Judge.
Both Ruth W. McLauchlin and David D. McLauchlin appeal the finаl judgment dissolving their marriage. The wife challenges the trial court's decisions to deny her request for permanent alimony and to impute оnly limited additional income to the husband. Both parties challengе the award of attorney's fees. We reverse the award of attorney's fees and affirm in all other respects.
The McLauchlins wеre married in 1974. They have three minor children. Their marriage did not generate significant marital assets. Both parties are employable.
During the marriage, the husband attended law school. He has beеn licensed to practice law in Florida since 1981. From 1981 to 1989, he practiced primarily in Manatee County. In 1988, he took a job as а part-time hearing officer. The wife maintains that this second job resulted in decreased overall earnings. A few months after the couple filed for divorce, Mr. McLauchlin moved to West Palm Beach, Florida, and accepted a job in the attorney general's office earning approximately $35,000. Shortly before the final hearing, the husband left that job and opened his own law office. As a result, his future income at the time of the final hearing was difficult to prediсt. The trial court chose to impute income to the husband at thе level of his job with the attorney general, rather than at the somewhat higher levels he had experienced in the preceding years.
The wife is in her mid-thirties and has primary residential care of the couple's three children. She worked outside the home during part of the marriage as a secretary/office manager for her father's business and at her husband's law office. She earned approximately $20,000 annually. Neither of those jobs are options for the future. It appears that the wife is struggling to find suitable employment that will bе compatible with her obligations to her children. The trial court awarded no permanent alimony and three years' rehabilitative alimony at $400 per month. Child support totals $1,110 and is based on the guidelines.
We find no abuse of discretion in the trial court's decision to imputе $35,000 in income to the husband. While a higher amount might have been within the trial court's discretion, this amount is clearly reasonable under all the circumstances of this case. Desilets v. Desilets,
Wе also find no abuse concerning the decision to deny permаnent alimony and to award rehabilitative alimony. Although this marriage wаs not a brief marriage, the wife is still young and able to find suitable employment. See Evans v. Evans,
Finally, the trial сourt awarded an amount of attorney's fees without providing the requisite findings. Standard Guar. Ins. Co. v. Quanstrom,
Affirmed in part, reversed in part.
CAMPBELL, A.C.J., and LEHAN, J., concur.
