Florida Statute 61.076 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

View Entire Chapter

F.S. 61.076

61.076 Distribution of retirement plans upon dissolution of marriage.—

(1) All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs are marital assets subject to equitable distribution.

(2) If the parties were married for at least 10 years, during which at least one of the parties who was a member of the federal uniformed services performed at least 10 years of creditable service, and if the division of marital property includes a division of uniformed services retired or retainer pay, the final judgment shall include the following:

(a) Sufficient information to identify the member of the uniformed services;

(b) Certification that the Servicemembers Civil Relief Act was observed if the decree was issued while the member was on active duty and was not represented in court;

(c) A specification of the amount of retired or retainer pay to be distributed pursuant to the order, expressed in dollars or as a percentage of the disposable retired or retainer pay.

(3) An order which provides for distribution of retired or retainer pay from the federal uniformed services shall not provide for payment from this source more frequently than monthly and shall not require the payor to vary normal pay and disbursement cycles for retired or retainer pay in order to comply with the order.

History.—s. 3, ch. 88-98; s. 5, ch. 2007-5.

F.S. 61.076 on Google Scholar

F.S. 61.076 on Casetext

Amendments to 61.076

Arrestable Offenses / Crimes under Fla. Stat. 61.076

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.076.

Annotations, Discussions, Cases:

Cases Citing Statute 61.076

Total Results: 20

DUHAMEL v. DUHAMEL

Court: District Court of Appeal of Florida | Date Filed: 2024-04-26

Snippet: assets subject to equitable distribution." § 61.076(1). The cut-off date

JONI BARTOLOTTA v. ALAN BARTOLOTTA

Court: District Court of Appeal of Florida | Date Filed: 2024-02-28

Snippet: 075(5)(a), Florida Statutes (1993), and section 61.076(1), Florida Statutes (1993).1 The trial court concluded

ELROY CROCKER vs ROBIN TRUMAN CROCKER

Court: District Court of Appeal of Florida | Date Filed: 2023-07-21

Snippet: to equitable distribution. §§ 61.075(6)(a)1.e., 61.076(1), Fla. Stat. (2019); Acker v. Acker, 904 So.

MARK SPANAKOS v. HAWK SYSTEMS, INC.

Court: District Court of Appeal of Florida | Date Filed: 2023-04-19

Snippet: “insufficiently detailed.” Cousins v. Duprey, 325 So. 3d 61, 76 (Fla. 4th DCA 2021). For example, in Moore v. Kelso-Moore

MARLENE CUPO v. THOMAS J. CUPO

Court: District Court of Appeal of Florida | Date Filed: 2022-12-21

Snippet: equitably divide it. The court erred. Section 61.076, Florida Statutes (2018), provides: (1)

ANDREW CARDARELLI v. TRACY CARDARELLI/FORGERON

Court: District Court of Appeal of Florida | Date Filed: 2022-11-23

Snippet: Following Diffenderfer, the legislature enacted section 61.076, Florida Statutes, which governs the distribution

David Michael Martin, Former Husband v. Dawn Turner Martin, Former Wife

Court: District Court of Appeal of Florida | Date Filed: 2019-06-20

Snippet: and insurance plans and programs”); see also § 61.076(1), Fla. Stat. (“All vested and nonvested benefits

David Howell Storey v. Delfina P. Storey

Court: District Court of Appeal of Florida | Date Filed: 2016-06-01

Citation: 192 So. 3d 670, 2016 WL 3087801, 2016 Fla. App. LEXIS 8329

Snippet: sections 61.075(5)(a) (defining “marital assets”) and 61.076(1) (outlining the distribution of retirement plans

Russell v. Southeast Housing, LLC

Court: District Court of Appeal of Florida | Date Filed: 2015-03-11

Citation: 162 So. 3d 262, 2015 Fla. App. LEXIS 3412, 2015 WL 1044315

Snippet: and Offutt Housing, 351 U.S. at 260-61, 76 S.Ct. 814, both of which held that the United States

Wix v. Wix

Court: District Court of Appeal of Florida | Date Filed: 2015-03-06

Citation: 159 So. 3d 312, 2015 Fla. App. LEXIS 3198, 2015 WL 968574

Snippet: support. Siegel, 700 So.2d at 415; see also §§ 61.076, 61.08(2)(d) & (i), 61.30(2)(a)(7), Fla. Stat.

Fairchild v. Fairchild

Court: District Court of Appeal of Florida | Date Filed: 2014-04-04

Citation: 135 So. 3d 537, 2014 WL 1325692, 2014 Fla. App. LEXIS 5011

Snippet: compensation, and insurance plans and programs”); § 61.076(1), Fla. Stat. (2011) (instructing that “[a]ll

Ingram v. Ingram

Court: District Court of Appeal of Florida | Date Filed: 2014-03-12

Citation: 133 So. 3d 1205, 2014 WL 948888, 2014 Fla. App. LEXIS 3495

Snippet: included in the judgment. See § 61.076, Fla. Stat (1993). Pursuant to section 61.076(2)(c), the amount of the

Brathwaite v. Brathwaite

Court: District Court of Appeal of Florida | Date Filed: 2011-04-14

Citation: 58 So. 3d 398, 2011 Fla. App. LEXIS 5350, 2011 WL 1413319

Snippet: contention that the award was improper. Section 61.076(1), Florida Statutes, states, “[a]ll vested and

Gibbons v. Gibbons

Court: District Court of Appeal of Florida | Date Filed: 2009-03-18

Citation: 10 So. 3d 127, 2009 Fla. App. LEXIS 2216, 2009 WL 691179

Snippet: subject to equitable distribution under section 61.076(1). Once the husband reaches age 62, the wife is

Ago

Court: Florida Attorney General Reports | Date Filed: 2008-04-08

Snippet: members: "21 are of African American heritage (61.76%); 10 are of Hispanic heritage (29.41%); 2 are of

Smith v. Smith

Court: District Court of Appeal of Florida | Date Filed: 2006-08-02

Citation: 934 So. 2d 636, 2006 WL 2135877

Snippet: accrued during the marriage. §§ 61.075(5)(a)(4), 61.076(1). Although we could locate no case addressing

Rumler v. Rumler

Court: District Court of Appeal of Florida | Date Filed: 2006-06-28

Citation: 932 So. 2d 1165, 2006 WL 1752256

Snippet: compensation, and insurance plans and programs"); § 61.076(1) ("All vested and nonvested benefits, rights

Parry v. Parry

Court: District Court of Appeal of Florida | Date Filed: 2006-04-28

Citation: 933 So. 2d 9, 2006 WL 1113520

Snippet: nor matured at this time. See §§ 61.075(5)(a)(4), 61.076(1) (providing that all nonvested retirement or

Acker v. Acker

Court: Supreme Court of Florida | Date Filed: 2005-04-14

Citation: 904 So. 2d 384, 2005 WL 851010

Snippet: compensation, and insurance plans and programs"); § 61.076(1), Fla. Stat. (2003) ("All vested and nonvested

Gaetani-Slade v. Slade

Court: District Court of Appeal of Florida | Date Filed: 2003-08-14

Citation: 852 So. 2d 343, 2003 WL 21939026

Snippet: marital assets subject to equitable distribution." § 61.076(1), Fla. Stat. (2000); Crockett v. Crockett, 708