Posted by Nydia Streets of Streets Law in Florida Divorce

How is a pension divided in a Florida divorce case? The marital portion is that which was earned during the marriage. Usually a special order, such as a qualified domestic relations order is needed in addition to the final judgment of divorce to accomplish division of the pension. Distribution of a pension was an issue in the case Franxman v. Franxman, 1D21-3321 (Fla. 1st DCA June 14, 2023).

In this divorce case, the former wife appealed several issues. The appellate court focused on equitable distribution, support and the former wife’s request to restore her maiden name. In dividing assets and debts between the parties, the trial court assigned a specific dollar amount to the former husband’s pension. It also classified as non-marital certain stock acquired by the former husband during the marriage. As to support, the trial court did not award the former wife requested arrears accumulated when the former husband failed to pay court-ordered temporary support while the proceedings were pending. Last, it appears the trial court did not address the former wife’s request to restore her maiden name.

With regard to equitable distribution, the appellate court ruled it was error for the trial court to assign a specific dollar amount to the pension since it is a future asset subject to change in value. Turning to the stock, the appellate court noted the only evidence in the record showed the stock was acquired during the marriage. Therefore it was presumptively marital under the statutes and without any other evidence, it should be classified as such. With regard to temporary support, the appellate court instructed the trial court to clarify why it declined to award arrears, and noted it may be because the court was accounting for an unequal division of assets and debts. Last, the court instructed the lower court to address the former wife’s claim to restore her maiden name.

Schedule your meeting with a Miami family law attorney to discuss the specifics of your case.