Edwards v. Edwards, 2D00-771.
| Decision Date | 08 May 2002 |
| Docket Number | No. 2D00-771.,2D00-771. |
| Citation | 819 So.2d 837 |
| Parties | Kurt E. EDWARDS, Appellant, v. Carol Simone EDWARDS, Appellee. |
| Court | Florida District Court of Appeals |
Mark A. Neumaier, Tampa, for Appellant.
Wanda J. Davis, Tampa, for Appellee.
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.
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...in order to effect equitable distribution). Vizcaino has been followed by the Second District Court of Appeal. 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......
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