Griffitts v. Griffitts
Griffitts v. Griffitts
Opinion of the Court
Erin Griffitts ("Former Wife") appeals a final judgment dissolving her long-term marriage to Robert Griffitts ("Former Husband"). We find some of the issues that she raises on appeal to have merit.
The trial court awarded three years of durational alimony in the amount of $1800 per month. Former Wife correctly argues that the trial court abused its discretion in failing to award her permanent periodic alimony. The evidence reflected that this was a long-term marriage, in which Former Wife sacrificed a career to be the primary caregiver for the parties' four children. Even after imputation of income to Former Wife, the parties will have a significant income disparity.
There is a rebuttable presumption that permanent periodic alimony is appropriate after a long-term marriage. Motie v. Motie ,
*221In denying Former Wife's request for permanent periodic alimony, the trial court relied primarily on the grounds that it had awarded a greater amount of the parties' marital assets to Former Wife and that because of the "investment" made by Former Wife's parents, she would be able to remain in the marital home indefinitely without having to make mortgage payments.
We also conclude that the trial court erred in failing to require Former Husband's alimony payments to be made through the state depository and by income deduction order, see §§ 61.08(10), 61.1301(1)(a), Fla. Stat. (2015), and by failing to make Former Husband's child support obligation retroactive from the date of Former Wife's request for an increase in temporary support (March 15, 2017) to the date of the final judgment. See Warner v. Warner ,
AFFIRMED, in part; REVERSED, in part; and REMANDED.
ORFINGER and EISNAUGLE, JJ., concur.
If and when Former Wife sells the marital home, Former Wife's parents would be paid the balance of their "investment" plus accrued interest-an amount that, at the time of trial, exceeded the property's fair market value.
We further observe that although Former Wife's parents provided significant financial assistance to the parties throughout their marriage, the evidence would not support findings that: 1) Former Wife received continuing and ongoing, not sporadic gifts from her parents, and/or 2) the gifts would continue in the future. See Rogers v. Rogers ,
In setting the $1800 per month alimony amount, the trial court imputed $506.40 per week of gross income to Former Wife.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.