WAYNE HENRY OLSEN, APPELLANT,
v.
IVADALE G. KEEFER, APPELLEE

Fla. 1st DCA | 1998-07-27
Nos. No, 97-3810
MINER and DAVIS, JJ., concur.
714 So. 2d 1165 Florida District Court of Appeal, First District (1998) Positive Treatment
Cited by 10 cases

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Synopsis

A former husband appeals from an order domesticating a California divorce judgment and determining the former wife's entitlement to a portion of his pension benefits. The appellate court affirms the trial court's finding that jurisdiction was reserved to distribute the pension plan, but reverses the calculation of the former wife's pension share because it improperly included benefits accrued after the marriage dissolution and from a subsequently negotiated collective bargaining agreement.


Holding

The court affirmed that the original California dissolution judgment properly reserved jurisdiction to distribute the pension plan at a future time. However, the court reversed the trial court's calculation of the former wife's pension share because it violated principles established in Boyett v. Boyett and Blevins v. Blevins by including benefits accrued after the dissolution and from a subsequently adopted collective bargaining agreement.


Headnotes

[1] A trial court may domesticate a foreign judgment of dissolution and determine entitlement to pension benefits if the original dissolution judgment reserved jurisdiction f…

[2] A trial court errs in dividing marital pension benefits by applying a deferred benefit sharing formula that includes benefits accrued after the date of dissolution.

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Key Quotes

“in many cases, utilization of the DeLoach formula would include contributions to the pension plan and the accrual of benefits after the date of the original judgment of dissolution”

Establishes the primary defect with the DeLoach method that was disapproved in Boyett

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Facts & Procedural History

Wayne Olsen and Ivadale Keefer were divorced by a California judgment. The former husband retired in 1995 and began receiving retirement benefits. The…

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Opinion of the Court
WOLF, Judge.

WOLF, Judge.

Wayne Henry Olsen, the former husband, appeals from a final order domesticating a California judgment dissolving the marriage between himself and his former wife, Ivadale Keefer, appellee. The order which is being appealed also determined the former wife’s entitlement to certain portions of the former husband’s pension benefits. Appellant raises two issues: Whether the trial court erred in awarding the former wife an interest in the former husband’s retirement plan based on the deferred benefit sharing formula contained in DeLoach v. DeLoach, 590 So. 2d 956 (Fla. 1st DCA 1991), and whether the trial court erred in awarding the former wife an interest in the former husband’s retirement plan because the trial court originally addressing the issue did not specifically reserve jurisdiction. We determine that the trial court correctly found that the original dissolution judgment from California reserved jurisdiction to distribute the former husband’s pension plan at a future time.

We affirm as to that issue without further comment.

We find, however, that the trial court improperly determined the former wife's share of the husband’s pension in violation of the principles announced in Boyett v. Boyett, 703 So. 2d 451 (Fla.1997), and Blevins v. Blevins, 649 So. 2d 315 (Fla. 1st DCA 1995), rev. dismissed, 654 So. 2d 130 (Fla.1995).1

On August 13, 1997, the trial court held a final hearing on the former wife’s petition to domesticate and enforce the California judgment of dissolution. The former wife’s position was that she was entitled to a percentage of the former husband’s monthly retirement benefit checks based on the labor contract with the former husband’s employer which was in effect at the time of the former husband’s retirement in 1995. Both parties put on expert witnesses to testify as to the proper division of the pension plan.

The trial court basically adopted the former wife’s position and determined that, based on a 1993 retirement plan, she should receive a monthly benefit equal to 24 percent of the former husband’s monthly retirement.

The trial court reached this result by applying the formula set forth in DeLoach.

In Boyett, the supreme court disapproved the deferred distribution method of division of pension benefits adopted by this court in DeLoach. See Boyett, supra at 452.2 The court reasoned in Boyett that in many eases, utilization of the DeLoach formula would include contributions to the pension plan and the accrual of benefits after the date of the original judgment of dissolution. In Boyett, the court expressed that such a practice would not give effect to the statutory definition of marital assets in section 61.075(5)(a), Florida Statutes. See id. In Blevins, this court held that the trial court erred in calculating benefits to be distributed based upon a collective bargaining agreement negotiated and entered into after dissolution of the parties’ marriage. See Blevins, supra at 317.

In the instant case, it appears that the distribution scheme adopted by the trial court included benefits accrued after dissolution of the parties’ marriage, including increased benefits from a subsequently adopted collective bargaining agreement. We, therefore, reverse the trial court’s distribution of the husband’s pension plan and remand for reconsideration in accordance with the principles announced in Boyett and Blevins.

MINER and DAVIS, JJ., concur. . Neither party argued the applicability of any other state's law as to the equitable distribution of property.

. We would note that the trial court did not have the benefit of the Boyett decision at the time it entered the order in the instant case.


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Citator

Cited By

  • Richardson v. Richardson, 900 So. 2d 656 (Fla. 2d DCA 2005)
    …ge. See Boyett v. Boyett, 703 So. 2d 451, 453 (Fla.1997); see also Giovanini v. Giovanini, 894 So. 2d 275 (Fla. 1st DCA 2004) (reversing pension award and remanding for recalculation based on pension’s value on date of dissolution); Olsen v. Keefer, 714 So. 2d 1165, 1166 (Fla. 1st DCA 1998) (reversing award of pension benefits for a redetermination without considering contributions made after dissolution under Boyett). Survivor Benefits on the Former Husband’s Pension The COAP awards the Former Wife the maxi…
  • Jensen v. Jensen, 824 So. 2d 315 (Fla. 1st DCA 2002)
    …The supreme court reasoned that utilization of the De-Loach formula of deferred distribution would include contributions to the pension plan and accrual of benefits subsequent to the date of the original judgment of dissolution. See Olsen v. Keefer, 714 So. 2d 1165, 1166 (Fla. 1st DCA 1998) (following Boyett in holding that the trial court erred in utilizing a deferred distribution plan for the husband’s retirement plan, which included benefits that accrued subsequent to the dissolution). We find this case an…
  • Coons v. Cathlyn Ann Coons, 765 So. 2d 167 (Fla. 1st DCA 2000)
    …3 So. 2d 451 (Fla.1997) (in accordance with definition of marital assets in § 61.075(5)(a), Fla. Stat. (1993), valuation of vested retirement plan could not include any contributions made after the original judgment of dissolution); Olsen v. Keefer, 714 So. 2d 1165 (Fla. 1st DCA 1998); Salazar v. Salazar, 583 So. 2d 797 (Fla. 1st DCA 1991). Absent the entry and filing of a stipulation or other agreement in a contested dissolution action, the equitable distribution statute requires the trial court to make speci…

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