THOMAS J. GIOVANINI, APPELLANT,
v.
DONNA L. GIOVANINI, APPELLEE
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PER CURIAM.
We have before us an appeal from a final order, which enforced the final judgment of dissolution of marriage entered in 1988. Former Husband raises several issues on appeal; however, we only rule on one issue. The trial court’s reservation of jurisdiction to consider awarding arrearag-es, interest and attorney’s fees is not properly before this court. Gannon v. Amir, 873 So. 2d 532, 533 (Fla. 4th DCA 2004).
The final judgment awarded Former Wife an interest in Former Husband’s military retirement pension to be calculated at the time Former Husband began receiving the benefit. The enforcement order used the 2001 military pay scale to determine the value of Former Wife’s award. However, the trial court should have used the 1988 military pay scale because that would determine the value of the benefits Former Husband would have been entitled to at the time of dissolution. Trant v. Trant, 545 So. 2d 428, 429 (Fla. 2d DCA 1989). We therefore, reverse the portion of the trial court’s order calculating the value of Former Wife’s award and remand for the trial court to calculate the value of the award with the proper pay scale.
AFFIRMED in part, REVERSED in part, and REMANDED.
BOOTH, BENTON and LEWIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Richardson v. Richardson, 900 So. 2d 656 (Fla. 2d DCA 2005)…etirement. This calculation is erroneous because it includes contributions the Former Husband makes to the pension after the dissolution of the parties’ marriage. 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 with…
Authorities Cited
- Trant v. Trant, 545 So. 2d 428 (Fla. 2d DCA 1989)
- Gannon v. Ofer Amir, 873 So. 2d 532 (Fla. 4th DCA 2004)