Edwards v. Edwards, 819 So. 2d 837 (Fla. 2d DCA 2002). · Go Syfert
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Edwards v. Edwards, 819 So. 2d 837 (Fla. 2d DCA 2002). Cases Citing This Book View Copy Cite
“cannot be used to force direct payment to a nonparticipating spouse of a portion of a spouse's municipal pension benefits in order to achieve equitable distribution of marital assets.”
5 citation events (5 in the last 25 years) across 1 distinct court.
Strongest positive: SCOTT DOMINIC PALMATEER v. NICOLE JEAN PALMATEER (fladistctapp, 2018-12-05)
Top citers, strongest first. 3 distinct citers.
discussed Cited as authority (verbatim quote) SCOTT DOMINIC PALMATEER v. NICOLE JEAN PALMATEER
Fla. Dist. Ct. App. · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence high
cannot be used to force direct payment to a nonparticipating spouse of a portion of a spouse's municipal pension benefits in order to achieve equitable distribution of marital assets.
discussed Cited as authority (rule) Rumler v. Rumler
Fla. Dist. Ct. App. · 2006 · confidence medium
Payment of Pension as Alimony The final judgment directed the Husband to pay a portion of his pension to the Wife as alimony because a municipal pension is not subject to equitable distribution by a qualified domestic relations order. § 185.25; Edwards v. Edwards, 819 So.2d 837, 838 (Fla. 2d DCA 2002); Carollo v. Carollo, 920 So.2d 16, 20 (Fla. 3d DCA 2004).
discussed Cited "see" Board of Trustees of Orlando Police Pension Plan v. Langford
Fla. Dist. Ct. App. · 2002 · signal: see · confidence high
See Edwards v. Edwards, 819 So.2d 837 (Fla. 2d DCA 2002) (a QDRO could not be used to force direct payment to a nonparticipating spouse of a portion of a spouse's municipal pension benefits in order to achieve an equitable distribution).
Kurt E. EDWARDS, Appellant,
v.
Carol Simone EDWARDS, Appellee.
2D00-771.
District Court of Appeal of Florida, Second District.
May 8, 2002.
819 So. 2d 837
Whatley.
Cited by 3 opinions  |  Published

[*838] Mark A. Neumaier, Tampa, for Appellant.

Wanda J. Davis, Tampa, for Appellee.

WHATLEY, Judge.

The husband, Kurt E. Edwards, appeals the final judgment of dissolution of marriage. We affirm in all respects except as to the court's imposition of a qualified domestic relations order (QDRO) in connection with the husband's municipal pension as a firefighter. The trial court correctly recognized, pursuant to section 61.075(5)(a)(4), Florida Statutes (1999), that the husband's pension was a marital asset and that the wife, Carol Simone Edwards, had an interest therein. The problem is that the final judgment imposed a QDRO to secure the wife's interest. QDROs cannot be used to force direct payment to a nonparticipating spouse of a portion of a spouse's municipal pension benefits in order to achieve equitable distribution of marital assets. See Bd. of Pension Trs. v. Vizcaino, 635 So.2d 1012 (Fla. 1st DCA 1994).

Accordingly, we remand this cause for the trial court to fashion an alternative method of distribution regarding the subject pension. Communication by counsel with the appropriate municipal entity will be indispensable in achieving a correct and sustainable result.

Affirmed in part; remanded in part.

COVINGTON, J., and DANAHY, PAUL W., Senior Judge, concur.