Posted by Nydia Streets of Streets Law in Florida Divorce
In a recent Florida divorce case, the former husband was ordered to provide the former wife with future season passes and parking passes for University of Georgia football games. We examine what happened when the former husband appealed in the case Tanner v. Tanner, 1D19-1220 (Fla. 1st DCA April 12, 2021).
As part of the parties’ final judgment of divorce, the trial court ordered permanent alimony to be paid to the former wife; life insurance to be obtained by the former husband to secure the alimony; an award of a home to the former wife to offset the former husband’s dissipation of $40,000 from his retirement account; and that the former husband provide to the former wife future season tickets and parking passes to the former wife for University of Georgia football games. The former husband appealed.
As to the alimony, the appellate court found it was error to base it on his gross income rather than his net income. There was also a finding that the trial court did not correctly credit the former husband for temporary alimony payments made while the case was pending. As to the life insurance requirement, the appellate court found there was error to order it where there were no findings as to special circumstances warranting the requirement.
Next, discussing the award of the home to the former wife, the appellate court found this unequal distribution was not justified because there were no findings that the former husband intentionally dissipated his retirement account. The former husband maintained that he withdrew funds from his retirement account to pay ordinary and living expenses while the parties were separated.
Last, with regard to the football tickets, the appellate court found this was error, holding: “Mr. Tanner correctly contends that future season football tickets and parking passes for University of Georgia football games are not marital assets, as they were not acquired during the marriage. Marital assets are those acquired during the marriage. § 61.075(6)(a)1.a, Fla. Stat. (2020). Thus, the trial court’s award of the football tickets and parking passes to Mrs. Tanner are not a valid equitable distribution of marital property.”
Florida equitable distribution and alimony calculations may require the assistance of an attorney. Schedule an appointment with a Miami divorce lawyer to understand how the law may apply to your case.