Cameron v. Cameron, 89-3047

• Decision Date: 04 December 1990
• Docket Number: No. 89-3047,89-3047
• Citation: 570 So.2d 1087
• Parties: 15 Fla. L. Weekly D2956 Robert B. CAMERON, Appellant, v. Marsha K. CAMERON, Appellee.
• Court: Florida District Court of Appeals

Page 1087

570 So.2d 1087

15 Fla. L. Weekly D2956

Robert B. CAMERON, Appellant, v. Marsha K. CAMERON, Appellee.

No. 89-3047.

District Court of Appeal of Florida,

First District.

Dec. 4, 1990.

Laura N. Melvin, Milton, for appellant.

Michael A. Morris of Myrick & Davis, P.A., Pensacola, for appellee.

ZEHMER, Judge.

Appellant Robert Cameron, the former husband, and cross-appellant Marsha Cameron, the former wife, bring up for review the final judgment dissolving their marriage and the order entered on their motions for rehearing. We find error in the trial court's determination regarding the funds in the former husband's pension plans; the remaining points are affirmed without discussion.

The parties were married for twelve years, during which time the former husband worked as an orthopedic surgeon and the former wife raised the parties' two children. At the time of the marriage, the former husband already had an established retirement program to which he had contributed approximately $75,000. During the marriage, these retirement funds increased an additional $448,000. In the final judgment of dissolution, the trial court found the during-marriage appreciation of these retirement funds to be marital property and awarded the former wife a special equity in the amount of $224,000, which it found was equal to one-half of the during-marriage appreciation of the retirement funds. The trial court ordered the former husband to pay this amount to the former wife "as and for a lump sum of alimony ... at the rate of $1,500.00 per month commencing August 1, 1989." On motion for rehearing, the former wife argued that the $224,000 lump sum alimony award should bear interest until such time as full payment of the debt is satisfied. In his motion for rehearing, the former husband asserted that any funds paid to the former wife for her interest in the pension plan should be based upon the present value of the plan, an amount which is considerably less than one-half of the plan's during marriage appreciation. In response to these arguments, the trial court ruled in its order on motions for rehearing that:

The Wife's motion for interest on the lump sum alimony payments is denied by reason of the Court's finding that the present market value of the assigned interest in the Pension and Profit Sharing Plan is equal to $224,000.00 less the time value of the money resulting from the periodic payments ordered by the Court. However, the Court determines and orders that the Husband shall not have any reduction in payment of the lump sum alimony by reason of early payment.

(R. 154).

On appeal, both parties reassert their respective contentions that the trial court erred with regard to this award. The former wife argues that the trial court clearly found the present value of her special equity in the pension plan to equal $224,000,...