THOMAS E. BLASE, FORMER HUSBAND, APPELLANT,
v.
DENISE H. BLASE, FORMER WIFE, APPELLEE

Fla. 4th DCA | 1998-01-21
No. 96-3142
DELL and WARNER, JJ., and PARIENTE, BARBARA J., Associate Judge, concur.
704 So. 2d 741 Florida District Court of Appeal, Fourth District (1998) Positive Treatment
Cited by 16 cases

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Synopsis

The court affirmed the validity of the antenuptial agreement but reversed the denial of equitable distribution for the enhanced value of a business due to marital effort, and reversed the denial of attorney fees.


Holding

The court affirmed the trial court's validation of the antenuptial agreement but reversed the denial of equitable distribution for the enhanced value of the business due to marital labor and reversed the denial of attorney fees.


Headnotes

[1] A party is entitled to retain the funds in a retirement account that were contributed prior to the marriage, along with any passive accumulations thereon, as a nonmarital…

[2] The portion of a retirement account contributed to during the marriage, and the accumulations thereon, are considered marital assets subject to equitable distribution.

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Facts & Procedural History

The former wife challenged an antenuptial agreement and sought equitable distribution of the enhanced value of the former husband's business. The tria…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, Thomas E. Blase (former husband), appeals the trial court’s final judgment of dissolution of marriage. Former husband alleges that the trial court erred in failing to award him a special equity, and in awarding lump-sum and rehabilitative alimony to appellee, Denise H. Blase (former wife). We agree that the trial court erred in failing to exclude from the equitable distribution former husband’s premarital contribution to his 401(k) account and in awarding former wife seven years of rehabilitative alimony. Accordingly, we reverse those portions of the final judgment.

Former husband and former wife were married for nine years, and had one child. At the time of dissolution, former husband was 43 years old, earning approximately $2,239 per month. Former wife was 38 years old, earning approximately $1,848 per month. Prior to the marriage, former husband established a 401(k) plan with his employer. According to husband’s exhibit introduced without objection at trial, the account had a balance of approximately $31,000 at the time of the marriage.

In its order on final judgment of dissolution, the trial court found that the 401(k) had a balance of $140,000 at the time of separation, and that after paying taxes to the IRS and repaying a loan, former husband netted approximately $87,213. The trial court awarded former wife $88,851, allegedly comprised of one-half of the liquidation of the 401(k) plan plus 50% of the loans the former husband had taken from the plan to liquidate the mortgage on his home, which was former husband’s premarital asset, awarded to him in the judgment of dissolution.

Although the court did not specifically label assets as marital or nonmarital and did not value all assets in distribution as is required by subsection 61.075(3), Florida Statutes (1995), it is clear from our review of the distribution scheme that the court failed to credit former husband with his premarital contribution to the 401(k) plan. See Cole v. Roberts, 661 So. 2d 370 (Fla. 4th DCA 1995). Former husband should have received his premarital interest in the 401 (k) account, plus any passive accumulations thereon.

Subsection 61.075(5)(a)4 defines marital assets as including: “All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs.” (Emphasis supplied). Nonmarital assets include assets acquired by either party prior to the marriage, and all income derived from the nonmarital assets during the marriage, unless the income was treated, used or relied upon by the parties as a marital asset. See § 61.075(5)(b)l, 3. Therefore, former husband is entitled to retain the funds in the 401(k) account at the time of his marriage to former wife, plus the passive accumulations thereon. See Adkins v. Adkins, 650 So. 2d 61, 64 (Fla. 3d DCA 1994); Parker v. Parker, 610 So. 2d 719, 720 (Fla. 1st DCA 1992); cf. Reich v. Reich, 652 So. 2d 1200, 1202 (Fla. 4th DCA 1995). However, this is not a “special equity’ as former husband claims, but simply his interest in the nonmarital portion of the asset. The portion of the 401(k) to which former wife is entitled as a “marital asset” is one-half of the contributions to the account, and the accumulations thereon, during the course of the marriage. See 61.075(5)(a)4; Griffiths v. Griffiths, 563 So. 2d 773 (Fla. 3d DCA 1990).

We also find that the trial court erred in awarding former wife rehabilitative alimony. Former wife requested permanent alimony, which the trial court, in its discretion, chose not to award. Instead, the trial court, without explanation, awarded rehabilitative alimony. Generally, the purpose of rehabilitative alimony is to provide an opportunity for the ex-spouse to “establish the capacity for self-support” commensurate with the standard of living established during the course of the marriage, see Oxley v. Oxley, 695 So. 2d 364, 366 (Fla. 4th DCA 1997), “either through redevelopment of previous skills or provision of the training necessary to develop potential supportive skills.” Canakaris v. Canakaris, 382 So. 2d 1197, 1202 (Fla.1980); see also Corchado v. Corchado, 648 So. 2d 1261 (Fla. 4th DCA 1995). However wife did not request, or establish a rehabilitative plan for, rehabilitative alimony, nor does the record support such an award.

Former wife argues that the award should nonetheless be affirmed as necessary to “bridge the gap” between married life and single life. While rehabilitative alimony has been awarded where no specific plan for rehabilitation was provided, and the alimony was considered “transitional” and necessary to “bridge the gap,” a transition period of seven years exceeds the purpose of this type of short term assistance. See Murray v. Murray, 374 So. 2d 622 (Fla. 4th DCA 1979); Iribar v. Iribar, 510 So. 2d 1023 (Fla. 3d DCA 1987); see also Green v. Green, 672 So. 2d 49 (Fla. 4th DCA 1996); Vick v. Vick, 675 So. 2d 714 (Fla. 5th DCA 1996).

Accordingly, we reverse the trial court’s equitable distribution of marital assets and the award of rehabilitative alimony to former wife and remand for further consideration by the court in light of the principles contained herein. We affirm the award of lump-sum alimony. If the court so chooses it may take additional evidence or simply revisit the record in redetermining the equitable distribution. See Scott v. Scott, 643 So. 2d 1124, 1126 (Fla. 4th DCA 1994).

DELL and WARNER, JJ., and PARIENTE, BARBARA J., Associate Judge, concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Tradler v. Tradler, 100 So. 3d 735 (Fla. 2d DCA 2012)
    …use the Husband was enrolled in the pension prior to the marriage. The parties also agree that the Husband was entitled to his premarital contributions and the passive accumulations on those contributions. See § 61.075(6)(b)(1), (3); Blase v. Blase, 704 So. 2d 741, 742 (Fla. 4th DCA 1998). The parties’ experts testified to different valuations for the nonmarital component. In the amended judgment, the trial court found the Campbell pension had a value of $160,532 as of June 30, 2009, which is the market valu…
  • Jahnke v. Jahnke, 804 So. 2d 513 (Fla. 3d DCA 2001)
    …perty. See Griffiths v. Griffiths, 563 So. 2d 773 (Fla. 3d DCA 1990). As the trial court acknowledged in the final judgment, passive accumulations on the non-marital portions of an asset are not subject to equitable distribution. See Blase v. Blase, 704 So. 2d 741 (Fla. 4th DCA 1998); Hargrave v. Hargrave, 728 So. 2d 366 (Fla. 4th DCA 1999); Bain v. Bain, 553 So. 2d 1389, 1391 (Fla. 5th DCA 1990); see also § 61.075(5)(a)2, Fla. Stat (1997). Notwithstanding, “[w]ith regard to the designation as marital or non…
  • Bryan v. Bryan, 765 So. 2d 829 (Fla. 1st DCA 2000)
    …. 2d 170, 171 (Fla. 1st DCA 1998); Shea v. Shea, 572 So. 2d 558, 560 (Fla. 1st DCA 1990). In such instances, where no rehabilitative plan is presented, the bridge-the-gap award must have a relatively brief durational limit. See e.g., Blase v. Blase, 704 So. 2d 741 (Fla. 4th DCA 1998); Vick v. Vick, 675 So. 2d 714 (Fla. 5th DCA 1996); Iribar v. Iribar, 510 So. 2d 1023 (Fla. 3d DCA 1987); Murray v. Murray, 374 So. 2d 622 (Fla. 4th DCA 1979). Although a trial court has considerable discretion to award this type…

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