Malone v. Malone

District Court of Appeal of Florida

Malone v. Malone

929 So. 2d 541, 2006 Fla. App. LEXIS 8493, 2005 WL 4030212

CourtDistrict Court of Appeal of Florida

DecidedMay 25, 2006

DocketNo. 1D05-3826

StatusPublished

Cited by1 cases

This text of 929 So. 2d 541 (Malone v. Malone) 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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Malone v. Malone, 929 So. 2d 541, 2006 Fla. App. LEXIS 8493, 2005 WL 4030212 (Fla. Ct. App. 2006).

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Opinion

PER CURIAM.

Kelli C. Malone, the former wife, challenges an amended final judgment of dissolution of marriage on several grounds. We affirm the issues raised regarding visitation, calculation of child support, and imputation of income. However, we reverse the distribution of an engagement ring and certain credit card debt.

The trial court considered the value of the engagement ring given to the former wife prior to the marriage as a marital asset; this was error. See Rosen v. Rosen, 738 So.2d 474 (Fla. 4th DCA 1999); Greenberg v. Greenberg, 698 So.2d 938 (Fla. 4th DCA 1997); Melvik v. Melvik, 669 So.2d 328 (Fla. 4th DCA 1996). Furthermore, the trial court included as a marital liability credit card debt incurred by the former husband on his Chase MasterCard which he admitted was not marital debt. Accordingly, the amended final judgment of dissolution is reversed as to the allocation in the equitable distribution scheme of these items. A corrected judgment shall be entered on remand which removes from the former wife’s list of assets the value ($8,000) of the engagement ring and which removes from the former husband’s list of liabilities his Chase MasterCard debt ($8,156); these corrections require a corresponding correction of the “equalization payment” ordered to be paid by the former wife.

AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings.

BROWNING, HAWKES and THOMAS, JJ., concur.

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PER CURIAM.

Kelli C. Malone, the former wife, challenges an amended final judgment of dissolution of marriage on several grounds. We affirm the issues raised regarding visitation, calculation of child support, and imputation of income. However, we reverse the distribution of an engagement ring and certain credit card debt.

The trial court considered the value of the engagement ring given to the former wife prior to the marriage as a marital asset; this was error. See Rosen v. Rosen, 738 So.2d 474 (Fla. 4th DCA 1999); Greenberg v. Greenberg, 698 So.2d 938 (Fla. 4th DCA 1997); Melvik v. Melvik, 669 So.2d 328 (Fla. 4th DCA 1996). Furthermore, the trial court included as a marital liability credit card debt incurred by the former husband on his Chase MasterCard which he admitted was not marital debt. Accordingly, the amended final judgment of dissolution is reversed as to the allocation in the equitable distribution scheme of these items. A corrected judgment shall be entered on remand which removes from the former wife’s list of assets the value ($8,000) of the engagement ring and which removes from the former husband’s list of liabilities his Chase MasterCard debt ($8,156); these corrections require a corresponding correction of the “equalization payment” ordered to be paid by the former wife.

AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings.

BROWNING, HAWKES and THOMAS, JJ., concur.

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929 So. 2d 541, 2006 Fla. App. LEXIS 8493, 2005 WL 4030212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malone-v-malone-fladistctapp-2006.

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