JOHN LYNCH, APPELLANT,
v.
ALICE LOCKYER F/K/A ALICE LYNCH, APPELLEE

Fla. 5th DCA | 2015-12-04
No. 5D15-905
PALMER, BERGER and LAMBERT, JJ., concur.
180 So. 3d 1120 Florida District Court of Appeal, Fifth District (2015) Positive Treatment
Cited by 3 cases

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Synopsis

John Lynch appeals a contempt order for failing to pay his former wife money related to equitable distribution of retirement benefits. The court reversed, holding that contempt is not the proper enforcement mechanism for equitable distribution obligations in divorce cases.


Holding

Contempt is not the proper method to enforce an award subject to equitable distribution. The only remedies available are those available to creditors against debtors.


Headnotes

[1] A contempt order is not a proper method for enforcing an award subject to equitable distribution.

[2] Enforcement of debts not involving support through contempt violates the constitutional prohibition against imprisonment for debt.

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Key Quotes

“The law is clear that an award subject to equitable distribution is not enforceable by contempt.”

Establishes the core legal principle that contempt cannot be used to enforce equitable distribution obligations

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Facts & Procedural History

In the parties' divorce, Ms. Lockyer was awarded 50% of Mr. Lynch's FRS retirement benefits. Before retirement, Mr. Lynch suffered a work-related inju…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

John Lynch appeals a contempt order entered against him in favor of his former *1121wife, Alice Lockyer. The order compelled Mr. Lynch to pay Ms. Lockyer money related to the equitable distribution of the parties’ assets as set forth in a post-judgment order. Although Mr. Lynch concedes that he owes Ms. Lockyer the money, he correctly argues that contempt is not the proper method of enforcement.

In the parties’ final judgment of dissolution, Ms. Lockyer was awarded fifty percent of the marital portion of Mr. Lynch’s retirement benefits through the Florida Retirement System (FRS). However, pri- or to retirement Mr. Lynch suffered a work related injury. As a result, he ultimately began receiving permanent disability benefits.

When Ms. Lockyer attempted to submit a Qualified Domestic Relations Order (QDRO) to FRS, she learned that Mr. Lynch was no longer eligible for the FRS pension because he was receiving disability benefits. The Plan Administrator further advised Ms. Lockyer that it would not accept a QDRO related to disability benefits. In turn, Ms. Lockyer filed a motion to enforce the final judgment of dissolution in an attempt to obtain the money'directly from Mr. Lynch.

In March 2012, the trial court granted Ms. Lockyer’s motion to enforce and entered an order1 directing Mr. Lynch to pay Ms. Lockyer a portion of his disability benefits that equaled the amount of his pension he owed to her under the dissolution judgment. Mr. Lynch did not appeal the order nor did he pay Ms. Lock-yer the money due to her. Once again, Ms. Lockyer was forced to seek relief from the trial court by filing a motion for contempt. The trial court granted her motion, finding that Mr. Lynch was in arrears in the amount of $2,127.27, and that, although he had the present ability to pay, he willfully refused to do so. Such order was error.

The law is clear that an award subject to equitable distribution is not enforceable by contempt. See Williams v. Williams, 958 So.2d 992, 994 (Fla. 5th DCA 2007) (citing Hertrich v. Hertrich, 643 So.2d 115 (Fla. 5th DCA 1994)) (finding it was improper to find former husband was in contempt for failing to pay an equitable distribution obligation); see also Russo v. Russo, 129 So.3d 507, 508 (Fla. 2d DCA 2014) (citing Oglesby v. Oglesby, 921 So.2d 849, 850 (Fla. 2d DCA 2006)) (holding that contempt is not the proper method to- enforce the payment of a benefit that was equitably distributed in a dissolution judgment); Byrne v. Byrne, 133 So.3d 1082, 1084 (Fla. 4th DCA 2014) (“The, law is well-settled that contempt does not lie to enforce a property settlement arising out of a dissolution of marriage.”) (citations omitted); Pineiro v. Pineiro, 988 So.2d 686, 687 (Fla. 4th DCA 2008) (“Enforcement through contempt of debts not involving support violates Article I, section 11 of the Florida Constitution, which prohibits imprisonment for debt.”). “The only remedies are those available to creditors against debtors.” Williams, 958 So.2d at 994 (citing Veiga v. State, 561 So.2d 1335 (Fla. 5th DCA 1990)).

Accordingly, the order finding Mr. Lynch in contempt is reversed.

REVERSED.

PALMER, BERGER and LAMBERT, JJ., concur.


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Citator

Cited By

  • Stufft v. Stufft, 238 So. 3d 419 (Fla. 5th DCA 2018)
    …in the additional monies to be received from the sale of the marital business to be a form of spousal support. Moreover, because "[t]he law is clear that an award subject to equitable distribution is not enforceable by contempt," Lynch v. Lockyer , 180 So. 3d 1120, 1121 (Fla. 5th DCA 2015) (citing Williams v. Williams , 958 So. 2d 992, 994 (Fla. 5th DCA 2007) ), the trial court erred by thereafter determining that any failure by Husband to essentially pay money to Wife for her equitable distribution of this m…

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