Broome v. Broome
Broome v. Broome
Opinion of the Court
The husband, Robert Broome, appeals the final judgment of dissolution of his twelve-year marriage to the wife, Deborah Broome. He raises several issues in this appeal, but we find merit in only three of his arguments.
The parties have two minor children born of this marriage. By agreement of the parties, the husband is the custodial parent. The wife has never worked full-time during the marriage, and she has a lack of skills, although she has been certified as a nurse’s assistant. The trial court awarded her permanent, periodic alimony.
The husband first contends that the trial court erred in imputing $40,000 in income to him. In the final judgment of dissolution, the trial court stated that while the husband’s business had lost its major customer through no fault of the husband, the husband had inexplicably failed to reduce the number of his employees to counteract this loss. The court noted that the wife’s expert witness testified that the husband could conservatively cut employee salaries by $40,000. It then imputed $40,000 a year in income to the husband based on a finding that he was intentionally reducing his income by keeping unnecessary personnel and reducing the time he spends at the business. However, the trial court set forth no findings of fact in the final judgment revealing the method used to arrive at this $40,000 figure, and the record does not reveal the method used.
Even if $40,000 in salary could be saved, that figure would not be the amount by which the husband’s net income would increase. In this unique and complex method of imputing income per an allegedly overstaffed work force, more record evidence is required. The record does not support a finding that the husband is spending less time at his business in order to reduce his income.
Accordingly, we reverse the amount of the alimony award and remand for further proceedings to determine what amount of income, if any, may be imputed to the husband. This ultimate determination will impact the amount of alimony to be awarded.
We make two observations relative to the trial court’s reconsideration of the alimony award. In finding that the husband had the ability to pay permanent, periodic alimony, the trial court stated in the final judgment of dissolution that it “has considered that the children do not need to be in private school at a cost of $625.00 per month and there is no agreement that the Husband cannot sell the home to reduce living expenses for himself and the children.” Although this statement is not a directive that the husband remove the children from their private school and sell his house, it does imply that the court calculated the amount it found the husband able to pay based on the absence of the expenses represented by these items. The evidence, however, does not support a finding that the husband should eliminate these expenses. The husband testified that he would like the children to be able to continue at their private school because it
The husband also argues that the trial court erred in ordering him to maintain his current life insurance coverage and name the wife as the irrevocable beneficiary to secure his alimony obligation. We agree because the record contains no pleading filed by the wife seeking this security, and the issue was not tried by consent. See Williamitis v. Williamitis, 741 So.2d 1176 (Fla. 2d DCA 1999). Accordingly, on remand the trial court shall strike the life insurance requirement from the final judgment of dissolution.
The final judgment of dissolution is affirmed in all other respects.
Affirmed in part; reversed in part; and remanded with directions.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.