In re the Marriage of Hodin

37 Fla. Supp. 2d 186
CourtCircuit Court for the Judicial Circuits of Florida
DecidedDecember 10, 1987
DocketCase No. 87-11790 FC 14
StatusPublished

This text of 37 Fla. Supp. 2d 186 (In re the Marriage of Hodin) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Marriage of Hodin, 37 Fla. Supp. 2d 186 (Fla. Super. Ct. 1987).

Opinion

OPINION OF THE COURT

RICHARD YALE FEDER, Circuit Judge.

FINAL JUDGMENT

The above matter came on to be heard for Final Hearing on September 30 and October 29, 1987. The Court had the opportunity to view the demeanor of the parties and witnesses, both while testifying and otherwise throughout the proceedings, to carefully review all evidence, arguments of counsel and memoranda of law submitted post-trial.

The husband and wife seem to want to speak, as the Walrus said to Alice, of “Cabbages and Kings;” i.e., the husband claims a lack of the necessary “cabbage” to keep the wife as a “king,” and the wife claims [187]*187her husband wants to turn her “king”-ly life style into a “cabbage”patch.

The Court must determine if the parties life-style, which has been described as that of the “Rich and Famous,” was founded on the bedrock of financial ability, or simply of sink-hole od debt about to swallow all. There is no dispute that the parties traveled near and far— and well, nor that they showered each other with lavish gifts and threw parties of gastronomical thrills and astronomical bills. Now that the torrid passion has turned into a horrid gnashing, the recriminations fly at each other as thickly as arrows once rained on Custer. What was once considered “laughable extravagance” becomes “insatiable greed;” what was once “playful betting” on sports becomes “gambling mania.”

To separate fact from fiction, the real from the surreal, illusion from delusion, and equitable distribution from inequitable retribution requires the Court to sift and weigh not only the testimony but the subtle nuances of the interstices of the evidence. THe husband is described as a brilliant and successful personal injury lawyer earning huge fees or as an unsuccessful business-getter who luckily won two large fees and, as the result of over-borrowing in the “fat” years, faces insurmountable debts in the “lean” years to come. The wife is similarly depicted as a self-indulgent, successful businesswoman, well able to support herself, or a struggling, sickly student, trying valiantly to better herself to become self-sufficient to make ends meet.

The Court has become cross-eyed, white-haired, with depended facial furrows, as it panned the stream of invectives and accusations to separate the faint, flickering flecks of golden truths out of the muddied waters. Some items are not disputed: Alan Hodin rode in to marry Marilyn Strauss August 22, 1975. Alison Maude had already been born to Marilyn by a prior marriage, but was thereafter adopted by Alan; Max David came along June 18, 1979; thus they are both minor children of this union. The parties have stipulated to joint parental custody with primary physical residence of Alison with Alan and that of Max with Marilyn. (Presumably the pairing is purely coincidental and not alphabetical). Visitation has been agreed upon and will be hereafter detailed. The parties have also agreed that both will do all things necessary to obtain a “Get,” or Jewish divorce. There agreement ends and the chasm of disagreement opens gapingly.

FINDINGS OF FACT

1. The Court has jurisdiction of the subject matter and of the parties and specifically finds that both parties hereto have been residents of Florida for more than six months next preceding the filing of the [188]*188Petition and Counter-Petition for Dissolution of marriage. Florida is the “home state” of the children.

2. The Court finds that the parties have agreed on the issues of primary physical residence of their children and their respective visitation rights. In accordance with the parties’ prior agreement, which the Court finds to be reasonable and in the best interests of the children, the primary physical residence of Alison Maud shall be with the husband, subject to the shared parental responsibility of the wife and to her liberal rights of visitation. The primary physical residence of Max David shall be with the wife, subject to the shared parental responsibility of the husband and to his liberal rights of visitation.

3. The husband is a practicing attorney and has been successful in the most recent years, as has been shown on the tax returns that have been admitted in evidence. In addition thereto, the Court had the benefit of the testimony of the husband’s accountant as to his current expected earnings. The wife, during the latter years of the marriage, became involved in a business which provided generous financial help for the wife during the time that the business was operated, but it no longer exists.

4. During the latter years of marriage of the parties, they enjoyed a very comfortable lifestyle, including private schools for the children, summer camps for the children, trips within and without this country, the driving of luxury cars and many other accoutrements of the allegedly “good life.”

5. This enjoyment of the exhilarating, exotic and expensive was financed by deficit spending; i.e., borrowing today on earnings of the future. This was the accustomed norm for the family and the Court sees no need to foist on the parties a style of philosophy of economics different from the one they chose for themselves, though ‘Hodinomics’ probably has no Ruykeyser Seal of Approval.

6. The husband’s last financial affidavit served the 26th day of October, 1987, shows a monthly expenditure for him and his daughter in the amount of $6,094.00.1 The Wife’s Corrected Financial Affidavit, dated the 29th day of September, 1987, omitting items such as costs of automobile insurance and medical insurance for herself, shows a “need” to support herself and the son, Max, in the amount of [189]*189$8,712.64. This totals over $175,000 annually on an alleged gross income prospectively of $137,000.2

7. The wife has enrolled in Dade Community College. After the completion of her course of study there, she desires to pursue a course in Florida International University to obtain a degree in fashion merchandising so as to put herself in a position of obtaining remunerative employment in an amount to be able to contribute to the support of herself. The wife’s desires to this end are commendable and her exemplary grades indicate her ability to complete her course of study to a Bachelor’s Degree.

8. In March, 1987, the wife received the sum of $56,406.83 as the proceeds from the sale of the marital home, pursuant to a written agreement with the husband, dated January 23, 1987. The wife was represented by counsel in the negotiation and execution of that agreement. The parties further agreed that the husband’s one half share of these proceeds would be credited in an award of lump sum alimony. The marital home was the major asset jointly belonging to the parties and the funds derived therefrom was the only source from which the husband could reasonably be expected to pay lump sum alimony. Accordingly, the Court finds that wife is entitled to lump sum alimony in an amount equal to the one half share of the proceeds from the sale of the marital home to which the husband would have been entitled had he not agreed to gives these funds to the wife.

9. During the intact marriage of the parties, the children have enjoyed a high standard including private school, summer camp, extracurricular activities and, in the case of ALISON, a lavish bat mitzvah party. The dissolution of the marriage between the parties should not require the children to suffer.

CONCLUSIONS

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Bluebook (online)
37 Fla. Supp. 2d 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-hodin-flacirct-1987.