TIMOTHY CHARLES GRIFFING, APPELLANT/CROSS-APPELLEE,
v.
NANCY ANN GRIFFING, APPELLEE/CROSS-APPELLANT

Fla. 5th DCA | 1999-01-08
No. 98-452
GOSHORN and HARRIS, JJ., concur.
722 So. 2d 979 Florida District Court of Appeal, Fifth District (1999) Positive Treatment
Cited by 2 cases

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.

Synopsis

In this family law appeal, the Fifth District Court of Appeal reviewed a dissolution judgment involving a 19-year marriage, addressing the propriety of the alimony award, equitable distribution of marital assets, and the trial court's factual findings. The court affirmed the overall judgment but reversed and remanded regarding the characterization of the alimony award and the treatment of America On Line stock options as marital assets.


Holding

The court affirmed the trial court's consideration of relevant economic factors for alimony but found the characterization and termination provisions problematic. The court reversed the equitable distribution scheme because America On Line stock options should have been included as marital assets, and remanded for the trial court to either treat the alimony as traditional support or part of equitable distribution while removing any connection to the minor child's age.


Headnotes

[1] Alimony awarded to a spouse for the purpose of maintaining the former marital residence is improper when it is conditioned on the age of a minor child.

[2] Stock options earned during a marriage are considered marital assets for the purposes of equitable distribution.

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Key Quotes

“While we are unclear as to the nature of the alimony award, we agree with the wife that the court did consider all relevant economic factors pursuant to section 68.08(1)(2).”

Establishes the court's concern about ambiguity in the alimony award characterization while acknowledging consideration of economic factors

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Facts & Procedural History

Timothy and Nancy Griffing were married in 1978 and divorced in 1997 after a 19-year marriage involving two minor children. Timothy was the primary wa…

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Opinion of the Court
COBB, J.

COBB, J.

This appeal involves an alimony award and distribution of marital assets. The parties, Timothy Charles Griffing and Nancy Ann Griffing, were married in 1978 and a final judgment of dissolution was entered by the lower court in October of 1997 ending a 19 year marriage involving two minor children.

The husband was the primary wage earner and served 20 years in the U.S. Coast Guard with the parties married for 16íé years of the husband’s military career. At the time of trial, the husband had been working for America On Line as a supervisor. The wife, age 38, was employed part-time as a realtor. According to the record, the husband received $1,585.00 per month in military retirement pay and $1,750.00 per month in income from America On Line. The wife’s net monthly income from her part-time work was approximately $708.00 per month.

Equity in the marital home was valued at approximately $74,000.00 with mortgage payments of $1,100.00 per month. In addition, there were certificates of deposit valued at approximately $10,000.00. The after-tax value of the husband’s savings bonds were $9,314.00 and the husband also had an annuity worth approximately $6,016.00 with 27 shares of America On Line worth $2,439.45. The husband held America On Line stock options in the amount of $69,323.00 at the time of the final hearing, however, the court found the stock options were not marital assets.

Child support was ordered in the amount of $911.00 per month and the husband was required to continue providing medical insurance and a life insurance policy in the amount of $100,000.00.

Alimony was awarded in the amount of $565.00 per month, however, the final judgment instructed the wife to use this to maintain one-half of the mortgage payment on the former marital residence.1 The court also stated that this “alimony” would terminate when the youngest child attained age 18, married or became self-supporting. Alimony would also terminate upon the death of either party or remarriage of the wife. Thus, in addition to the wife’s income from her part-time real estate job, she was awarded the $565.00 of alimony, $911.00 of child support and $630.00 per month from the husband’s military retirement.

The husband contends that the court failed to make factual findings with respect to all the factors enumerated in section 61.08(2), Florida Statutes (1997). While we are unclear as to the nature of the alimony award, we agree with the wife that the court did consider all relevant economic factors pursuant to section 68.08(1)(2).

In regard to the equitable distribution scheme the husband claims that the lower court erred because it over-valued the assets awarded to him. Additionally, the husband claims that the lower court did not make adequate fact findings as required by section 61.075, Florida Statutes (1997). We find no merit to these arguments, however, point out that the stock options should have been included as part of the marital assets. Langevin v. Langevin, 698 So. 2d 601 (Fla. 4th DCA 1997); Brown v. Brown, 591 So. 2d 1043 (Fla. 1st DCA 1991).

Accordingly, we affirm the final judgment of dissolution with the exception of the language relating to the alimony award and the equitable distribution scheme. On remand, the lower court may either treat the alimony award as traditional support or as part of the equitable distribution, but in any event, any connection between alimony and a minor child’s age should be removed. In addition, the lower court may wish to reconsider the entire equitable distribution scheme given the inclusion of the America On Line stock options.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

GOSHORN and HARRIS, JJ., concur. . The husband was to pay 50% of the mortgage payments and was allowed to take credits toward final distribution of sale proceeds from the home.


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Citator

Cited By

  • Jensen v. Jensen, 824 So. 2d 315 (Fla. 1st DCA 2002)
    …o Brown v. Brown, 591 So. 2d 1043, 1044 (Fla. 1st DCA 1991) (finding no abuse of discretion in trial court’s order that distributed husband’s vested stock options); Langevin v. Langevin, 698 So. 2d 601, 602 (Fla. 4th DCA 1997); Griffing v. Griffing, 722 So. 2d 979, 980 (Fla. 5th DCA 1999). Thus, because section 61.075(5)(a)4., Florida Statutes labels “nonvested” benefits, rights and funds as marital assets and the courts’ determinations that vested stock options fall within the purview of section 61.075(5)(a)…

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