Marcus v. Marcus
Marcus v. Marcus
Opinion of the Court
We find no abuse of discretion in the special master’s awards, adopted by the court, of permanent alimony and attorney’s fees to the appellee-wife. See Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980); Rosenberg v. Rosenberg, 371 So.2d 672 (Fla. 1979), adopting dissenting opinion, 352 So.2d 867 (Fla. 3d DCA 1977); Herzog v. Herzog, 346 So.2d 56 (Fla. 1977); Shaw v. Shaw, 334 So.2d 13 (Fla. 1976); Creel v. Creel, 378 So.2d 1251, 1252-53 (Fla. 3d DCA 1979); Smith v. Smith, 378 So.2d 11 (Fla. 3d DCA 1979); Adams v. Adams, 376 So.2d 1204 (Fla. 3d DCA 1979).
Affirmed.
Concurring in Part
(concurring in part and dissenting in part).
I concur in affirming the award of permanent periodic alimony to the wife.
In Cummings v. Cummings, supra; Scattergood v. Scattergood, 363 So.2d 601 (Fla. 4th DCA 1978); and Mertz v. Mertz, supra, the courts recognized that where the parties stand on equal footing and the parties have ability to pay for the services of their own attorneys, it is improper to require the other party to pay for those services even though that party may have the ability to do so.
In this case, before the final hearing, the wife filed a financial statement in connection with a loan application representing her total assets to be $232,000. Whatever the wife’s net worth actually was, it is undisputed that she had liquid assets of $118,500. The final judgment awarded her personalty, formerly held as tenants by the entirety, worth a minimum of $40,000. The husband’s net worth was $279,240.43. His net annual income was $60,000, of which more than one-third was awarded to the wife as permanent periodic alimony. Under the test, the wife was financially able to employ counsel of equal calibre to that of her husband’s.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.