JILL WILLMAN, FORMER WIFE, APPELLANT,
v.
STEVEN A. WILLMAN, FORMER HUSBAND, APPELLEE
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.
The court reversed the trial court's determination of the marital asset cutoff date for a military pension, holding that absent a valid separation agreement, marital assets remain marital until the divorce petition is filed, not an earlier date chosen by the trial court.
Absent a valid separation agreement, marital assets remain marital until the date the divorce petition is filed, not an earlier date.
[1] In the absence of a valid separation agreement, marital assets remain marital property until the date the petition for dissolution of marriage is filed, not an earlier da…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Section 61.075(6), Florida Statutes (2003), provides a bright line rule for setting the date to be used in determining the marital classification of assets and liabilities. If there is no valid separation agreement, the cut-off date is 'the date of the filing of the petition for dissolution of marriage.'”
Court explaining the statutory bright-line rule for determining when assets cease to be marital property.
A married couple had no valid separation agreement. The trial court used November 1, 2002, as the cutoff date for when the husband's military pension …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Division Of Marital Property cases and more on FLexlaw
PER CURIAM.
In the absence of a valid separation agreement, a married couple’s assets remain “marital” until the date dissolution papers are filed. See § 61.075(6), Fla. Stat. (2005); Rao-Nagineni v. Rao, 895 So. 2d 1160, 1161 (Fla. 4th DCA 2005) (“Section 61.075(6), Florida Statutes (2003), provides a bright line rule for setting the date to be used in determining the marital classification of assets and liabilities. If there is no valid separation agreement, the cut-off date is ‘the date of the filing of the petition for dissolution of marriage.’ ” (quoting Caruso v. Caruso, 814 So. 2d 498, 502 (Fla. 4th DCA 2002))). The portion of a military pension that accrues during marriage is a marital asset. See Cunningham v. Cunningham, 623 So. 2d 1243, 1244 (Fla. 1st DCA 1993).
In the present case, the trial judge used November 1, 2002, as the date on which the husband’s pension plan ceased being a marital asset. This was error. As the parties did not have a separation agreement, the husband’s pension plan continued as a marital asset until he filed for divorce on August 10, 2004. Accordingly, we reverse on this issue and remand to the trial court to amend the portion of the final judgment dealing with the wife’s coverture share of the husband’s military retirement pay. The final judgment is affirmed in all other respects. AFFIRMED in part, REVERSED and REMANDED in part.
BROWNING, C.J., KAHN and DAVIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Tritschler v. Tritschler, 273 So. 3d 1161 (Fla. 2d DCA 2019)
-
Boyle v. Boyle, 30 So. 3d 665 (Fla. 5th DCA 2010)…nd $11 per hour. Although the court indicated it would have used the separation date to identify marital assets if it had been authorized to do so, it was constrained to designate marital assets using the filing date. See, e.g., Willman v. Willman, 944 So. 2d 1151 (Fla. 1st DCA 2006) (“In the absence of a valid separation agreement, a married couple’s assets remain “marital” until the date dissolution papers are filed.”).1 Thus, the husband’s house, entire 401K account, and Benefit Restoration Plan were desig…
-
Mahoney v. Mahoney, 251 So. 3d 977 (Fla. 1st DCA 2018)…ing of a petition for dissolution of marriage.” Here, as there was no separation agreement between the parties, the trial court appropriately utilized the date when the husband filed his petition for dissolution of marriage. See Willman v. Willman, 944 So. 2d 1151, 1151 (Fla. 1st DCA 2006) (“As the parties did not have a separation agreement, the husband’s pension plan continued as a marital asset until he filed for divorce on August 10, 2004.”); see also Peter Cushing, Effects of Military Service, Adoption,…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Caruso v. Caruso, 814 So. 2d 498 (Fla. 4th DCA 2002)
- Kamalakar Rao-Nagineni v. Hema Nagineni RAO, 895 So. 2d 1160 (Fla. 4th DCA 2005)
- Cunningham v. Cunningham, 623 So. 2d 1243 (Fla. 1st DCA 1993)