Days v. Days

District Court of Appeal of Florida

Days v. Days

617 So. 2d 417, 1993 Fla. App. LEXIS 4600, 1993 WL 128845

CourtDistrict Court of Appeal of Florida

DecidedApril 27, 1993

DocketNo. 92-1056

StatusPublished

Cited by1 cases

This text of 617 So. 2d 417 (Days v. Days) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Days v. Days, 617 So. 2d 417, 1993 Fla. App. LEXIS 4600, 1993 WL 128845 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

The wife in a 27-year marriage appeals the final judgment of dissolution awarding her approximately 13 percent of the husband’s military retirement pension, which is the parties only marital asset. We reverse. The trial court based its computation upon the erroneous belief that the parties did not enjoy a valid marriage after 1970, when they began living separately. [418]*418Though the parties perhaps did not enjoy a model marriage, there is neither legal nor evidentiary support for the notion that the marriage was invalid after 1970. Moreover, in fashioning this division, the trial court erroneously ignored the evidence that the wife, except for one very brief period, was solely responsible for raising the parties’ two children. A party’s contributions to the care and support of minor children is a relevant consideration in the computation of both equitable distribution and alimony. §§ 61.075(l)(a) and 61.08(2)(f), Fla.Stat. (1991). Upon remand, the trial court’s attention is directed to the following cases from the Florida Supreme Court and this court. Diffenderfer v. Diffenderfer, 491 So.2d 265 (Fla.1986); Prom v. Prom, 589 So.2d 1363 (Fla. 1st DCA 1991); Bell v. Bell, 587 So.2d 642 (Fla. 1st DCA 1991); and Zipperer v. Zipperer, 508 So.2d 551 (Fla. 1st DCA 1987).

REVERSED and REMANDED for further proceedings consistent with this opinion.

BOOTH, SMITH and MINER, JJ„ concur.

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PER CURIAM.

The wife in a 27-year marriage appeals the final judgment of dissolution awarding her approximately 13 percent of the husband’s military retirement pension, which is the parties only marital asset. We reverse. The trial court based its computation upon the erroneous belief that the parties did not enjoy a valid marriage after 1970, when they began living separately. [418]*418Though the parties perhaps did not enjoy a model marriage, there is neither legal nor evidentiary support for the notion that the marriage was invalid after 1970. Moreover, in fashioning this division, the trial court erroneously ignored the evidence that the wife, except for one very brief period, was solely responsible for raising the parties’ two children. A party’s contributions to the care and support of minor children is a relevant consideration in the computation of both equitable distribution and alimony. §§ 61.075(l)(a) and 61.08(2)(f), Fla.Stat. (1991). Upon remand, the trial court’s attention is directed to the following cases from the Florida Supreme Court and this court. Diffenderfer v. Diffenderfer, 491 So.2d 265 (Fla.1986); Prom v. Prom, 589 So.2d 1363 (Fla. 1st DCA 1991); Bell v. Bell, 587 So.2d 642 (Fla. 1st DCA 1991); and Zipperer v. Zipperer, 508 So.2d 551 (Fla. 1st DCA 1987).

REVERSED and REMANDED for further proceedings consistent with this opinion.

BOOTH, SMITH and MINER, JJ„ concur.

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617 So. 2d 417, 1993 Fla. App. LEXIS 4600, 1993 WL 128845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/days-v-days-fladistctapp-1993.

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