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487 So. 2d 339

487 So.2d 339

11 Fla.L.Weekly 774

Docket No. 85-966.

Smith v. Smith

June Ellen SMITH, Appellant, v. Joel Franklin SMITH, Appellee.

District Court of Appeal of Florida

Decided April 2, 1986.

Rehearings Denied May 13, 1986.

District Court of Appeal of Florida · decided 1986-04-02

Cited by 6 later decisions — most recently December 1988

6 state decisions

Key passage — most relied on by later courts

“make findings justifying the lack of such a provision.”

quoted by 1 later decision, including 505 So. 2d 602 - Barrs v. Barrs

Relies on Booth v. Travelers Insurance Co. · Van Boven v. Van Boven

Good law ✅— No negative treatment on recordhow we know

Decided 1986-04-02

View the full empirical analysis of this case →

¶1Larry Klein and Jane Kreusler-Walsh of Klein & Beranek, P.A., and Powell, Tennyson & St. John, West Palm Beach, for appellant.

¶2Peggy Rowe-Linn, of Merkle, Bright & Sullivan, Delray Beach, and Law Offices of Ronald Sales, West Palm Beach, for appellee.

¶3LETTS, Judge.

¶4This appeal presents the question of whether a trial judge can ignore a request for equitable distribution in a marriage dissolution. We hold he should not.

¶5This was only a four-year marriage with one child born from the union. The husband, forty-seven, is a successful surgeon; the wife, forty, is as yet unemployed, working toward a Ph.D. in psychology. It is his third marriage and her first. She leaves the marriage with few assets and modest rehabilitative alimony for twenty-four months. He retains considerable assets, including a luxury home acquired before the marriage, and enjoys a large income. In the same year as the marriage took place, he created a pension plan for his professional association into which he contributed $175,000 during the period the marriage lasted.

¶6In Van Boven v. Van Boven, 453 So.2d 937 (Fla. 4th DCA 1984), we held it to be error not to consider the equitable distribution of assets acquired during the marriage. Certainly, the contributions to his pension plan were such. See Hirst v. Hirst, 452 So.2d 1083 (Fla. 4th DCA 1984). Accordingly, we reverse and remand this cause.

¶7In terms of time, this union cannot be considered a long-term marriage and we do not choose to offer guidance as to what, if any, would constitute an appropriate equitable distribution. The matter should, however, receive good faith consideration and if the trial judge concludes that no equitable distribution is appropriate, he should "make findings justifying the lack of such a provision." Van Boven.

¶8In all other respects, the final judgment is affirmed.

¶9REVERSED AND REMANDED.

¶10HERSEY, C.J., and GUNTHER, J., concur.

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