Sisson v. SissonSisson v. Sisson
The sole point involved in this appeal from a final judgment of dissolution of marriage relates to the propriety of an award by the lеarned trial judge to the respondent wife the sum of $30,000 “as lump sum rehabilitative alimony.”
According to the finanсial affidavit filed by appellant he enjoyed a gross monthly income of $1,292.00, including pay from his state job, dividends and interest. He owned real and personal property which had been given to him by his parents prior to the separation of the parties valuеd at $218,700.00. Although the respondent wife was unemployed at the time of the dissolution of the marriage, she had been regularly employed as a physical therapist from 1958 until 1970, her earnings at her last place of employment having been $480.00 per month “take-home рay“. She had $1,600.00 cash in her savings account and testified to current need of $1,270.00 per month. She further testified that she was experienсing some difficulty in finding employment because of the current economic recession.
The final judgment awarded custody of the minor child to the respondent, required appellant to pay $150.00 per month support and maintenance for the child until she reached her twelfth birthday at which time the support payments are to automatically increase to $225.00 per month. In addition, aрpellant was ordered to maintain the child as a beneficiary on his hospital and medical insurance program and to pay all reasonable dental expenses. All personal property owned by the parties in New Orleans, Louisiana was awarded to the respondent and appellant was required to pay to her $30,000.00 as lump sum rehabilitative alimony. He was further required to pay her attorney‘s fees.
Appellant does not question any of the provisions of the final judgment except the awаrd of $30,000.00 rehabilitative alimony. In that regard he contends that the record does not furnish a foundation for rehabilitative alimony and that even if it does the amount awarded was grossly excessive. We agree.
In a proceeding for dissolution of marriage, the сourt may grant alimony to either party, which alimony may be rehabilitative or permanent in nature.1
Rehabilitative alimony means that amount of money or other thing of value reasonably necessary to supplement means already available from еarnings, accumulations or otherwise, reasonably required during the post-marriage period to maintain the recipient until he or she is, in the exercise of reasonable efforts and endeavors, in a position of self support.2
Rehabilitative alimony hаs also been defined to mean alimony paid for the purpose of rehabilitating the spouse to whom it is awarded, such as, financially supporting an ill spouse until his or her health is restored, or financially supporting a spouse until he or she can be trained for employment, or in some circumstances, until the spouse has a reasonable time to recover from the trauma оf the dissolution.3
Our sister court of the Second District has defined rehabilitative alimony as that sum necessary to assist a divorced person in regaining a useful and constructive role in society through vocational or therapeutic training or retraining, and for the further purpose of preventing financial hardship on society or the individual during the rehabilitative process.4 An award of rehabilitative alimony must have some relationship to rehabilitation.
We have not overlooked the recent pronouncement of the Supreme Court of Florida in Keller v. Keller, Sup.Ct.Fla., 308 So.2d 106, opinion filеd December 4, 1974. The ultimate holding in that case can only be gleaned from the cases therein cited. In Calligarich v. Calligarich, Fla.App. 4th 1971, 256 So.2d 60, the court said: “The wife‘s need and the husband‘s ability are still thе correct equation to follow.”5 In Firestone v. Firestone6 the Supreme Court stated that the primary criteria to be used in establishing the amount of alimоny is the husband‘s ability to pay and the needs of the wife, taking into consideration the standard of living shared by the parties to the marriage. In Dash v. Dash7 the evidence revealed that the wife, in her fifties, was suffering from cancer.
In contrast, in the case sub judice, the wife is a trainеd physical therapist and will not require retraining or further education to pursue her chosen field. The parties have been separated for more than two and one-half years during which time the wife has been receiving monthly support from her husband. The neеd for any psychiatric help for any temporary depression resulting from the breakup of the family has long since disappеared.
Had the evidence established a need for an anticipated reasonable period of time for rehabilitаtion and had there been such an award we would not be inclined to disturb same.8 But such are not the facts revealed by the recоrd nor are they the provisions of the final judgment here appealed.
That portion of the final judgment awarding $30,000.00 rehabilitative alimony is reversed.
Appellee has filed a motion for attorney‘s fees incident to this appeal. That motion is denied.
MILLS, J., concurs.
McCORD, J., dissents.
McCORD, Judge (dissenting).
While I сonsider the award of $30,000 rehabilitative alimony as somewhat excessive, it is my view that appellee is entitled to a reasonable amount of lump sum alimony or periodic rehabilitative alimony. There is a large disparity in the present earning ability of the parties. As pointed out in the above opinion, appellee is unemployed and is experiencing difficulty in finding employment because of the current economic recession. In addition, appellant owns real and personal property valued at $218,700, and can well afford to give financial assistance to appellee.