Adams v. Adams
Adams v. Adams
Opinion of the Court
The former wife appeals from a judgment in this marriage dissolution case, contending only that the trial court abused its discretion in not awarding her the husband’s interest in the jointly-owned marital home. We affirm.
We have not been provided with a transcript of the testimony but only with an approved statement of the evidence. The former husband is 59 years of age and is employed as a security guard at Walt Disney World. The wife is physically disabled and does not work. She receives social security and, with the permanent periodic alimony and child support which the final judgment awarded her, the monthly income of the parties is virtually equal. The wife was also awarded an income tax refund of $1,325 as lump sum alimony, one-half of the $16,000 worth of jointly-owned stock, and was given exclusive use and possession of the marital home until the one minor child attained majority. The marital home is worth $43,000, according to the wife’s financial affidavit, encumbered by a $14,-000 mortgage, and is the only substantial asset owned by the parties. Taking away the husband’s only substantial asset at a time when his earning years are limited would clearly endanger his economic future
AFFIRMED.
Dissenting Opinion
dissenting.
In my opinion the trial judge abused his discretion in failing to award to the former wife, as lump sum alimony, the husband’s interest in the marital home. Although the income of the parties is approximately equal, the present and future ability of the husband to earn a living is far superior to the wife’s. Hers is nil. For her future security and in recognition of her many years as a wife and mother of seven children, I suggest she not only needs, but deserves that asset.
I would reverse that portion of the judgment which fails to award the lump sum alimony.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.