KUZMIAK

v.

KUZMIAK

Citator

Cited By (30 total)

• Abernethy v. Fishkin, 638 So. 2d 160 (Fla. 5th DCA 1994)
  …side the final judgment and property settlement agreement which govern the parties' rights. Thus, this issue need not be decided in this case. . The cases of In re Marriage of Kuzmiak, 176 Cal.App.3d 1152, 222 Cal.Rptr. 644 (Ct.App.), cert, denied, 479 U.S. 885, 107 S.Ct. 276, 93 L.Ed.2d 252 (1986), and Perez v. Perez, 587 S.W. 2d 671 (Tex.1979), upon which the husband relies, are inapplicable because these cases involve involuntary separation from military service. . Because of our reversal of the trial…
• Kelson v. Kelson, 647 So. 2d 959 (Fla. 1st DCA 1994)
  …y,” as distinct from “retired pay,” has been held not to be subject to division as community property.2 As the court cogently explained in In Re Marriage of Kuzmiak, 176 Cal.App.3d 1152, 1157, 222 Cal.Rptr. 644 (Cal.Dist.Ct.App.), cert. denied mem., 479 U.S. 885, 107 S.Ct. 276, 93 L.Ed.2d 252 (1986), the purposes of separation and retired pay are different. Separation pay is the personal property of the service member, for its purpose is to ease the transition to civilian life. Retired pay, on the other han…
• White v. White, 710 So. 2d 208 (Fla. 1st DCA 1998)
  …perty interest in former husband’s non-matured longevity pension, including $30,000 separation pay that Air Force would withhold from his longevity retirement benefits once he elected to reenlist immediately after involuntary discharge), cert. den., 479 U.S. 885, 107 S.Ct. 276, 93 L.Ed.2d 252 (1986). The former wife was eligible for payment under 10 U.S.C. § 642(a), at an amount calculated according to a formula set forth in 10 U.S.C. § 1174, addressing separation pay upon involuntary discharge. Upon her…