Krafchuk v. Krafchuk

804 So. 2d 376, 2001 WL 1188945
CourtDistrict Court of Appeal of Florida
DecidedOctober 3, 2001
Docket4D00-2349, 4D00-3670
StatusPublished
Cited by13 cases

This text of 804 So. 2d 376 (Krafchuk v. Krafchuk) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Krafchuk v. Krafchuk, 804 So. 2d 376, 2001 WL 1188945 (Fla. Ct. App. 2001).

Opinion

804 So.2d 376 (2001)

Robert J. KRAFCHUK, Appellant,
v.
Kathleen A. KRAFCHUK, Appellee.

Nos. 4D00-2349, 4D00-3670.

District Court of Appeal of Florida, Fourth District.

October 3, 2001.

*377 John D. Boykin of Boose Casey Ciklin Lubitz Martens McBane & O'Connell, West Palm Beach, for appellant.

Susan G. Chopin of Chopin & Chopin, West Palm Beach, for appellee.

MIHOK, A. THOMAS, Associate Judge.

Robert Krafchuk timely appeals a final judgment of dissolution of marriage. He raises three issues in his appeal: (1) whether the trial court abused its discretion in fashioning its equitable distribution award; (2) whether the trial court abused *378 its discretion in denying his claim for permanent periodic alimony, and (3) whether the trial court abused its discretion in ordering the ex-wife to remit only fifty percent of his attorney's fees. For the reasons set forth below, we affirm the trial court's order on the first two issues, but reverse and remand on the issue of attorney's fees.

Robert Krafchuk and Kathleen Krafchuk were married on November 8, 1987, in New York. They have two children— John Krafchuk, born on November 10, 1988, and Katherine Krafchuk, born on July 2, 1990. On February 17, 1991, both wife and husband were seriously injured in an automobile accident. The husband was rendered totally and permanently disabled from his injuries. In September of 1991, the husband's parents sued the wife, seeking to be named the husband's legal guardians, and on December 14, 1993, the parents entered into an agreement naming them as his guardians. The husband continued to live with his parents, who moved to Florida in 1997. The wife and children remained residents of New York. The formal guardianship continued until December 18, 1998, when it was discharged by the New York court.

On July 15, 1999, Robert Krafchuk filed a petition for dissolution of marriage. On May 25, 2000, the trial court entered its final judgment of dissolution. In the final judgment, the trial judge determined that the wife was entitled to $114,861 in marital assets and that she had $26,353 in nonmarital assets. The trial judge further determined that the husband was entitled to $28,500 in marital assets and that he had no non-marital assets.[1] The trial court denied the husband's claim for permanent periodic alimony. Robert Krafchuk timely filed a notice of appeal on July 5, 2000. On September 19, 2000, the trial judge entered an order on attorney's fees requiring the wife to pay fifty percent of the husband's attorney's fees. Robert Krafchuk appeals the attorney's fees award as well.

Equitable Distribution

Section 61.075(1), Florida Statutes (1999),[2] sets forth the criteria to be considered *379 in awarding equitable marital distribution of assets and liabilities. Undoubtedly, this case presented a unique set of circumstances for the trial judge. But, the trial judge carefully went through the criteria set forth in section 61.075(1), giving his justifications for the distribution in favor of the wife.

One of the first issues which the trial judge had to decide was what date to use for determining marital assets and liabilities. Pursuant to the requirements of Section 61.075(6), Florida Statutes,[3] he chose July 15, 1999, the date that the husband filed his petition for dissolution of marriage. The parties agreed that the trial judge used the correct date.

The next issue for resolution was the duration of the marriage. The trial judge found that the marriage was of short duration. The judge reasoned as follows:

The parties were together as husband and wife for three years three months. The parties were separated on the date of the accident when both were badly injured, February 17, 1991. In every sense of the word, the marriage ended on that date. Due to the litigation initiated by the Husband's parents to establish themselves as his guardians, the Wife was never permitted to resume her role as the wife in the Husband's life. Instead, at the insistence of his parents, the Husband never again lived with his wife and children in the marital home. Instead, he was cared for exclusively by his parents, who were eventually appointed his guardians. The wife's role in the husband's life was reduced to that of an occasional visitor.

The husband argues that the trial court erred in finding that the marriage ended on the date of the accident and was, therefore, a short-term marriage. On this point, we agree with the husband. Clearly, the accident caused the parties to separate and the accident significantly altered the relationship between them. While the trial judge could, and did consider the significantly altered relationship in fashioning his order on equitable distribution and alimony, the trial judge's finding that the marriage ended at the time of the accident was incorrect. The marriage survived the accident. Further, the finding that this was a short-term marriage which ended on the day of the accident conflicts with the implicit finding that the parties *380 continued to accrue marital assets and liabilities subsequent to the accident and up to the husband's filing his petition for dissolution. Thus, we find that the trial court erred in finding that the parties' marriage was of short duration, three years and three months. The trial judge should have found that the marriage was a twelve-year marriage (using the filing date for the petition for dissolution of marriage as the ending date of the marriage). This error, however, as we will explain below, does not require that we disturb the trial court's findings on the issues of equitable distribution and alimony.

In determining equitable distribution, the trial court found that after the tragic accident which left Robert Krafchuk totally and permanently disabled, it was the wife who provided most of the support for herself and her two children. The husband was receiving net monthly income from Social Security of $1,176. The wife's net monthly income from her employment as an accountant was $5,010. Not included in these figures is $650 per month that the husband receives from Social Security for the minor children and pays over to the wife for the children. Although the husband contributed $650 a month from the Social Security disability payment on behalf of the two minor children, the trial court found that the wife, subsequent to the accident, provided well over the majority of the income for herself and the children, even though this situation was due to no fault of the husband. The trial court also found that the assets awarded to the wife in the equitable distribution scheme were all acquired by the wife after the separation of the parties. For example, the trial court found that the wife purchased the marital house from the husband's parents well after the parties' separation, and that the wife's purchase of the house was independent from any financial support given by the husband.

It is well established that a trial court's ruling on the distribution of marital assets is subject to appellate review under an abuse of discretion standard. See Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980). Thus, the issue here is whether the trial judge abused his discretion in distributing the assets in a manner which favored the wife.

We recognize that as a general rule, marital property should be distributed equally. See Canakaris, 382 So.2d at 1204. However, there can be unequal distribution if justifications for disparity exist. See Bobb v. Bobb,

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Bluebook (online)
804 So. 2d 376, 2001 WL 1188945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krafchuk-v-krafchuk-fladistctapp-2001.