Jose Roberto RICO, Etc., Appellant/Cross-Appellee,
v.
Rosario RICO, Etc., Appellee/Cross-Appellant.
District Court of Appeal of Florida, Fifth District.
Hugo H. de Beaubien, of Drage, de Beaubein, Milbrath & Simmons, Orlando, for appellant/cross-appellee.
Philip F. Bonus, Orlando, for appellee/cross-appellant.
ORFINGER, Judge.
The husband appeals from a final judgment of dissolution of marriage, contending that the trial court abused its discretion in awarding the bulk of the marital рroperty to the wife. We agree, and reverse.
The parties were married for almost 30 years and had no children. The husband is a self-emрloyed electrician. In 1984 the husband earned $8,530. The wife speaks *1162 very little English and has not been employed for more than 10 years. The marital аssets have a total value of less than $170,000. The marital home and adjoining improved property have a value of $132,000. There is a vacаnt lot valued at $20,000, and the husband's I.R.A. account worth $8,200. There are also thrеe motor vehicles; a 1959 Cadillac which does not run, a 1975 Honda and a 1983 Toyota truck.
In dividing the marital assets, the wife was given the husband's interest in the marital home and adjoining improved property as lump sum alimony. This real property is not encumbered with a mortgage, and the adjoining imprоved property produces rental income of at least $170 рer month. The wife also received the 1975 Honda. For support, the wifе was awarded permanent periodic alimony of $150 per month. The husband received the wife's interest in the vacant lot and the I.R.A. account. The husband also received the Toyota truck on which he still owes $3,335, and the 1959 Cadillac.
Lump sum alimony may be used to achieve an equitable distribution of assets. See Tronconi v. Tronconi,
In dividing marital assets, a trial judge should ensure that neither spouse automatically passes from prosperity to misfоrtune. Canakaris, supra. In this case, the marital home and adjoining property constitute the major assets of the marriage. Although equitable distribution does not necessarily have to be equal, the wife in the instant case unreasonably benefitted from a lopsided distribution. The lump sum alimony award did not achieve an equitable distribution. The lump sum alimony award does not appear to have been granted for support purposes, nor would the evidence sustain it on that ground. See Ledford v. Ledford,
Hiler v. Hiler,
The wife cross-appeals the trial court's denial of her request for attorney's fees. On remand, the trial court may revisit the award of attorney's fees as well as the permanent alimony award when considering a revised distribution of marital property, becаuse all such items are often interrelated.
Except as it grants the dissolution of marriage between the parties, the final judgment is reversed and the case is remanded for further proceedings consistent herewith.
AFFIRMED in part; REVERSED in part and REMANDED.
COBB, C.J., and DAUKSCH, J., concur.
