Payne v. Payne
Docket: No. 2D10-5715
Court: District Court of Appeal of Florida; May 23, 2012; Florida; State Appellate Court
Richard Payne appeals the final judgment dissolving his seventeen-year marriage to Erin Payne. The court affirms the denial of his request for permanent alimony but reverses the denial of attorney’s fees. Mr. Payne contends the trial court abused its discretion by not awarding him permanent alimony due to income disparity. While acknowledging a presumption in favor of alimony after a long-term marriage, the court emphasizes that the determination of alimony must start with a factual assessment of each party's need for support and ability to pay. The trial court found that Mr. Payne did not demonstrate a need for alimony beyond his earning capacity. Although Mr. Payne disputes this finding, it was supported by competent evidence. The court notes that it is not required to equalize the financial positions of both parties and, considering the circumstances, the trial court did not abuse its discretion in denying alimony. However, the court recognized Mr. Payne's need for assistance with attorney’s fees, citing a disparity in the parties' incomes and the lack of readily available assets for equitable distribution. The decision is reversed regarding attorney’s fees, and the case is remanded for the trial court to determine the appropriate amount to be awarded to Mr. Payne. The ruling is affirmed in part, reversed in part, and remanded with directions. Judges Whatley and Wallace concur.