RALPH H. SIMMONS, APPELLANT,
v.
PEGGY K. SIMMONS, 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.
In this dissolution of marriage appeal, the former husband challenged the trial court's characterization of a savings account as marital property, the valuation of a boat and trailer, the award of permanent alimony, and the requirement to pay half of the former wife's attorney's fees. The appellate court affirmed the trial court's rulings on all contested issues, with a modification to the boat and trailer valuation.
The trial court's rulings on all contested issues were affirmed. The savings account was properly characterized as marital property, permanent alimony was properly awarded, and the attorney's fees allocation was proper. However, the boat and trailer valuation was modified from $10,000 to $7,500, requiring corresponding adjustments in cash awards to each party.
[1] A savings account held solely in a former husband's name may be considered a marital asset subject to equitable distribution in a dissolution of marriage proceeding.
[2] A trial court's valuation of a boat and trailer awarded in an equitable distribution plan may be modified based on agreement of the parties.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We approve the trial court's rulings as to the contested issues, and affirm the final judgment with the following modification.”
Establishes that the appellate court affirmed the trial court's determinations on all substantive issues (marital property characterization, alimony, and attorney's fees) but made a modification to the asset valuation.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRalph H. Simmons and Peggy K. Simmons were divorcing. The trial court classified a savings account held solely in the former husband's name as a marit…
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 Permanent Periodic Alimony cases and more on FLexlaw
JOANOS, Judge.
Appellant Ralph H. Simmons, the former husband in this dissolution of marriage proceeding, appeals several aspects of the final judgment of dissolution of marriage. Specifically, appellant challenges (1) the trial court’s determination that a savings account held solely in the former husband’s name is a marital asset subject to equitable distribution, (2) the assignment of a $10,000.00 value to a boat and trailer awarded to the former husband, (3) the award of permanent periodic alimony to the former wife, and (4) the requirement that the former husband pay one-half of the former wife’s attorney’s fees and costs. We approve the trial court’s rulings as to the contested issues, and affirm the final judgment with the following modification.
The former wife agrees the evidence before the trial court established that the value assigned to the boat and trailer should be $7,500.00, rather than the $10,000.00 set forth in the list of marital assets and values in the final judgment. Therefore, the final judgment is modified to reflect that the boat and trailer awarded to the former husband in the equitable distribution plan have a value of $7,500.00. The $2,500.00 adjustment in the value of the boat and trailer requires a corresponding adjustment in the cash awards to the respective parties, i.e., the cash award to the former husband is increased by the amount of $1,250.00, and the cash award to the former wife is decreased by the amount of $1,250.00. These adjustments will result in a cash award to the former husband in the sum of $47,672.00, and a cash award to the former wife in the sum of $22,071.00.
Accordingly, the final judgment of dissolution of marriage is affirmed as modified.
MICKLE and LAWRENCE, JJ., concur.