RICHARD TRANT, APPELLANT,
v.
JANICE TRANT, APPELLEE
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The court held that the amended final judgment was insufficient because it failed to determine the wife's specific monetary entitlement in the husband's pension fund as of the date of the final judgment.
[1] A court must determine the present monetary value of a spouse's interest in a pension fund as of the date of the final judgment of dissolution.
[2] The immediate offset method for dividing pensions requires calculating the present value of the marital portion of the pension and distributing it, often through cash or…
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Join FLexlaw to unlock all legal intelligenceFollowing a prior remand, the trial court entered an amended final judgment of dissolution of marriage, reaffirming a prior award of 45% of the husban…
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PATTERSON, Judge.
This is an appeal from an amended final judgment of dissolution of marriage entered after remand in Trant v. Trant, 522 So. 2d 72 (Fla. 2d DCA 1988) (Trant I). We reverse.
At the time of the original final judgment, April 1, 1987, the parties had been married 22.4 years. During the entire marriage the husband was employed with the Florida Highway Patrol and is a vested member of the State of Florida Retirement System. As part of the final judgment, the trial court awarded the wife a forty-five percent (45%) interest in the husband’s pension. In Trant I, we said:
We affirm the final judgment. However, we find that the wife is not entitled to the increased value of the pension fund after the date of dissolution. Diffenderfer v. Diffenderfer, 491 So. 2d 265 (Fla.1986) and Howerton v. Howerton, 491 So. 2d 614 (Fla. 5th DCA 1986). It is unclear from the judgment whether the forty-five (45%) percent is to be calculated at the time the benefits are paid rather than based on present value. We therefore remand this cause for valuation of the pension plan and the entry of an amended final judgment reflecting the wife’s monetary entitlement as of the date the judgment was entered.
522 So. 2d at 73. By “monetary entitlement” we meant a specific fixed dollar amount.
Neither party offered further testimony or evidence at the hearing following remand. Confronted with these circumstances the trial judge entered an amended final judgment setting forth the method by which he arrived at the forty-five percent (45%) award and reaffirming his prior award of the wife’s interest in the pension. He made no determination of a specific monetary value of the wife’s interest.
Our mandate required the lower court to determine the present money value of the wife’s pension interest. In fairness to the trial judge, he was afforded little assistance by the parties in this regard. We know of no Florida decision which details the procedures used in determining present money value. We, therefore, look to other jurisdictions.
Two principal methods have evolved whereby courts distribute and divide pensions: the “immediate offset” method and the “deferred distribution” method. Braderman v. Braderrnan, 339 Pa.Super. 185, 488 A. 2d 613 (1985). Under the immediate offset method, Janice Trant would receive the present value of her interest in Richard Trant’s pension either in cash or as an offset in the husband’s share of marital property.
The immediate offset method requires complicated calculations and will generally require expert testimony. In summary, the trial court would:
1. Using the opinion of an actuary, determine the value of the husband’s interest in the fund as of the date of the final hearing.
2. Calculate how much of the present value was earned during the marriage by:
a. Creating a fraction where the numerator is the amount of time the employee was married while participating in the plan, and the denominator is the total time the employee has in the plan. This “coverture fraction” is the amount of the pension fund accumulated during the marriage; and b. Multiplying the present value of the plan by the coverture fraction to produce a dollar figure. This is the part of the total present value of the fund which accrued during the marriage.
3. Equitably distribute that part of the total present value of the pension fund.
The immediate offset method contemplates that adequate assets are available to satisfy the award. The advantage of this approach is that it arrives at an immediate final resolution of the matter. The disadvantage is that it places the full risk of forfeiture or early retirement on the employee. This method also requires the court to make many assumptions and choose among variables which can dramatically alter the amount of the present money value. See In re Marriage of Pryor, 731 P. 2d 895 (Mont.1986).
The deferred distribution method is much simpler to calculate. Under this approach, the court determines what the employee’s benefit would be if he retired on the date of the final hearing without any early retirement penalty. The court then multiplies this dollar amount by the percentage to which the other spouse is entitled. This method yields a fixed dollar amount which the awarded spouse receives from each of the employee’s pension payments after retirement. Although it prolongs contact between the parties and raises the possibility of enforcement problems, this approach equally distributes the risk of forfeiture between the parties.
In Diffenderfer v. Diffenderfer, 491 So. 2d 265, 270 (Fla.1986), the Florida Supreme Court said:
While reduction to present money value might best place the benefits in proper perspective.... we decline to impose any rigid rules and leave the doing of equity to the trial court.
By this opinion we do not direct the trial court to employ one of these methods or otherwise attempt to limit its power to do equity. We merely bring the attention of the trial judge to these approaches as an aid in his further consideration of this case.
We, therefore, reverse the amended final judgment to the extent that it fails to comply with the mandate in Trant I and direct the trial court to determine the wife’s monetary entitlement in the husband’s pension fund as of the date of the final judgment.
SCHEB, A.C.J., and ALTENBERND, J., concur.
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Eldis Raymell Boyett v. Boyett, 703 So. 2d 451 (Fla. 1997)…table for the valuation to be made excluding any penalty for early retirement. Respondent’s counsel conceded the logic and fairness of this at oral argument. Furthermore, this is in accord with the reasoning of the Second District in Trant v. Trant, 545 So. 2d 428 (Fla. 2d DCA), review denied, 551 So. 2d 464 (Fla.1989), with respect to deferred distribution. By valuing the retirement plan without penalty, the valuation recognizes that both parties are entitled to share in the benefits that have accrued during…
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Addison L. Bain v. Ingeborg K. Bain, 553 So. 2d 1389 (Fla. 5th DCA 1990)…ts. Even assuming that the wife’s social security should not have been included in the marital assets,4 the trial court has made it appear that premarital and post-dissolution contributions were incorrectly valued within the 25%. See Trant v. Trant, 545 So. 2d 428 (Fla. 2d DCA 1989) (appeal after remand); and Carlson v. Carlson, 549 So. 2d 1160 (Fla. 3d DCA 1989). It is incumbent upon the trial court to calculate a retirement plan at its present value by the date of dissolution at the latest minus any premari…
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Ingrid Parry v. Parry, 933 So. 2d 9 (Fla. 2d DCA 2006)…marital portions of those awards. While we have found no Florida cases applying a “time rule,” the method is essentially the same as the so-called “cover-ture fraction” applied by Florida courts to value future pension benefits. See Trant v. Trant, 545 So. 2d 428, 429 (Fla. 2d DCA 1989). To these unvested assets, the trial court should have applied a formula, whether called a coverture fraction or time rule, to determine the portion earned by marital effort. Accordingly, we reverse the determination that all…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Diffenderfer v. Diffenderfer, 491 So. 2d 265 (Fla. 1986)
- Howerton v. Howerton, 491 So. 2d 614 (Fla. 5th DCA 1986)
- Trant v. Trant, 522 So. 2d 72 (Fla. 2d DCA 1988)