LLOYD M. STINSON, APPELLANT,
v.
MARJORIE ANN STINSON, APPELLEE

Fla. 5th DCA | 1998-12-23
No. 98-290
DAUKSCH and THOMPSON, JJ., concur.
722 So. 2d 272 Florida District Court of Appeal, Fifth District (1998)

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Holding

The court held that the final judgment was insufficient because it failed to consider statutory factors for property division and did not adequately explain the distribution of assets and alimony.


Facts & Procedural History

The final judgment divided marital assets and awarded permanent alimony. The husband appealed the division of assets, particularly his pension, and th…

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Opinion of the Court
HARRIS, J.

HARRIS, J.

' The Final Judgment in this case lists the marital assets as adjacent Florida lots with mobile homes, three vacant lots in Florida, a second home in Tennessee, a 1992 Honda sedan, a 1990 Dodge truck, two boats, and various furnishings and personal possessions. Also listed as marital assets were the husband’s U.S. Civil Service Pension in the amount of $2,266.41 per month, social security payments of $187.00 per month, stock worth $1,350 and IRAs in the amount of $16,500. The wife was awarded the Tennessee home, the Honda, and her personal clothing; the husband was given his truck and his personal clothing. All other assets were to be divided evenly. In addition, the wife was awarded $1,250 per month permanent alimony. The husband appeals; we reverse.

The Final Judgment does not discuss the factors listed in section 61.075(1), Florida Statutes, which should be considered by the court in determining the division of marital property. Nor does the judgment indicate why the husband was not given credit for the twenty years service toward his pension before the parties were married. As worded, it appears that the wife will receive $1,250 per month alimony and one-half of the husband’s pension leaving the husband with practically nothing on which to survive.

The court needs to better explain why the wife is given the Tennessee residence but the husband is not awarded the Florida marital home. The court also needs to better explain why the husband’s entire pension is being divided and why, in addition, he is required to pay alimony.

REVERSED and REMANDED for further action consistent with this opinion.

DAUKSCH and THOMPSON, JJ., concur.


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