Summary
The Florida Fifth District Court of Appeal considered whether the marital portion of a former husband's pension was de minimis and could therefore be awarded entirely to him in an equitable distribution proceeding. The court held that the trial court erred in assigning no value to the marital pension interest, reversed the relevant order, and remanded for reconsideration of its disposition.
Holdings
- The trial court erred by determining that the marital portion of the pension was of de minimis value and by awarding the former wife no portion of it.
Questions Presented
- Whether the trial court abused its discretion by determining that the marital portion of the former husband's pension was de minimis and awarding the former wife no portion of it.
- Whether the trial court's valuation and disposition of the marital portion of the pension were supported by competent substantial evidence and equitable-distribution principles.
Disposition
reversed_and_remanded
Cases Cited (4)
- Coleman v. Bland, 73 So. 3d 795 (Fla. 5th DCA 2011)(followed procedurally)
- Bardowell v. Bardowell, 975 So. 2d 628 (Fla. 4th DCA 2008)(followed)
- Claughton v. Claughton, 625 So. 2d 853 (Fla. 3d DCA 1993)(followed)
- Locke v. Locke, 832 So. 2d 971 (Fla. 2d DCA 2002)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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