Summary
holding that "there was no evidence that the former wife's earning ability suffered during the nine-month marriage or that she plans to obtain additional training or education," the court reversed the rehabilitative alimony award.
Summary of this case from Hurwit v. HurwitOpinion
No. 87-199.
December 10, 1987.
Appeal from the Circuit Court, Osceola County, John H. Adams, Temporary Circuit Judge.
Frank M. Townsend, of Townsend Townsend, Kissimmee, for appellant.
No appearance for appellee.
The former husband, Charles Fowler, appeals a final judgment of dissolution which ordered him to pay the former wife rehabilitative alimony of $435 per month for the first six months, $335 per month for the next six months, and $285 per month for the following twelve months, with the provision that $285 per month of this amount is to be satisfied by the husband making payments on the parties' Barnett Bank loan, and for the first year, $50 per month is to be satisfied by the husband making payments on the parties' health club membership.
We affirm the final judgment except for the award of rehabilitative alimony, which we reverse. There was no evidence submitted that the former wife's earning ability suffered during the nine-month marriage or that she plans to obtain additional training or education. See Long v. Long, 505 So.2d 10 (Fla. 5th DCA 1987) and cases cited therein. However, as it is clear the trial court intended, as part of an equitable distribution, for the husband to pay the parties' joint obligations to Barnett Bank and the health club, this case is remanded for the trial court to amend the final judgment accordingly.
Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980); Duncan v. Duncan, 379 So.2d 949 (Fla. 1980).
AFFIRMED IN PART; REVERSED IN PART; and REMANDED.
ORFINGER and COBB, JJ., concur.