JEANNETTE G. DAYS, APPELLANT,
v.
LEONARD H. DAYS, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court reversed the trial court's dissolution judgment that awarded the wife only 13 percent of the military retirement pension, holding that the trial court erroneously treated the 27-year marriage as invalid after 1970 and failed to credit the wife's contributions to child-rearing in the equitable distribution calculation.
A trial court errs in computing equitable distribution of marital assets by treating a marriage as invalid based on the parties' separation and by failing to consider one spouse's contributions to the care and support of minor children.
[1] A party's contributions to the care and support of minor children constitute a relevant consideration in computing both equitable distribution and alimony under Florida l…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceIn a 27-year marriage, the parties separated in 1970 and lived apart thereafter, though they remained married. The wife was solely responsible for rai…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Validity Of Marriage cases and more on FLexlaw
PER CURIAM.
The wife in a 27-year marriage appeals the final judgment of dissolution awarding her approximately 13 percent of the husband’s military retirement pension, which is the parties only marital asset. We reverse. The trial court based its computation upon the erroneous belief that the parties did not enjoy a valid marriage after 1970, when they began living separately. Though the parties perhaps did not enjoy a model marriage, there is neither legal nor evidentiary support for the notion that the marriage was invalid after 1970. Moreover, in fashioning this division, the trial court erroneously ignored the evidence that the wife, except for one very brief period, was solely responsible for raising the parties’ two children. A party’s contributions to the care and support of minor children is a relevant consideration in the computation of both equitable distribution and alimony. §§ 61.075(l)(a) and 61.08(2)(f), Fla.Stat. (1991). Upon remand, the trial court’s attention is directed to the following cases from the Florida Supreme Court and this court. Diffenderfer v. Diffenderfer, 491 So. 2d 265 (Fla.1986); Prom v. Prom, 589 So. 2d 1363 (Fla. 1st DCA 1991); Bell v. Bell, 587 So. 2d 642 (Fla. 1st DCA 1991); and Zipperer v. Zipperer, 508 So. 2d 551 (Fla. 1st DCA 1987).
REVERSED and REMANDED for further proceedings consistent with this opinion.
BOOTH, SMITH and MINER, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Days v. Jannette G. Days, 655 So. 2d 1302 (Fla. 1st DCA 1995)…26, 1992, Mr. Days and his former wife appeared for the original final hearing in their dissolution proceeding, and a final judgment was entered that day. Mrs. Days appealed that judgment, however, and this court reversed and remanded. Days v. Days, 617 So. 2d 417 (Fla. 1st DCA 1993). Apparently unaware an appeal had been taken, Mr. Days did not appear personally or through counsel in the appeal. On remand, the trial court granted the former husband’s counsel’s motion to withdraw and stayed the proceedings f…
Authorities Cited
- Diffenderfer v. Diffenderfer, 491 So. 2d 265 (Fla. 1986)
- Prom v. Prom, 589 So. 2d 1363 (Fla. 1st DCA 1991)
- Bell v. Bell, 587 So. 2d 642 (Fla. 1st DCA 1991)
- Zipperer v. Zipperer, 508 So. 2d 551 (Fla. 1st DCA 1987)