Ganzel v. Ganzel, 4D99-4229.

Citation770 So.2d 304
Decision Date08 November 2000
Docket NumberNo. 4D99-4229.,4D99-4229.
PartiesDonald Kenneth GANZEL, Appellant, v. Annie Jean GANZEL, Appellee.
CourtCourt of Appeal of Florida (US)

Kenneth G. Spillias of Lewis, Longman & Walker, P.A., West Palm Beach, for appellant.

Barbara J. Compiani of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, and Searcy, Denney, Scarola, Barnhart & Shipley, P.A., West Palm Beach, for appellee.

PER CURIAM.

The Appellant ("Former Husband") appeals the trial court's order denying his petition for modification. The Former Husband argues the trial court erred in denying his petition because the parties' settlement agreement does not permit Deferred Retirement Option Program ("DROP") benefits to accrue in favor of the Appellee ("Former Wife") at the same time she is receiving alimony. We disagree and affirm. The parties' marriage was dissolved in 1991. Incorporated into the judgment of dissolution was the parties' settlement agreement. In pertinent part, the settlement agreement provided the following:

ARTICLE II
DISTRIBUTION OF ASSETS AND LIABILITIES
G. Husband's Florida Retirement—as an employee of the Palm Beach County Sheriff's Office, the husband has a pension interest in the Florida Retirement System. The parties agree that the wife shall receive 50% of all benefits that have accrued from November 13, 1971 to July 10, 1991 (date of marriage through date of filing petition of dissolution) to be payable to the wife pursuant to a Qualified Domestic Relations Order. The parties agree to cooperate with the Division of Retirement in order to determine the dollar value of those benefits.

ARTICLE III

Alimony

The husband is sixty years old and will be eligible for retirement at age 62. The wife will receive her interest in the Florida Retirement System Plan upon his retirement. The husband agrees to pay and the wife agrees to accept as and for alimony to the wife the sum of $500.00 per month commencing January 1, 1992 until such time as the wife dies or remarries, the husband dies or the wife becomes eligible for her interest in the Florida Retirement System Plan, whichever shall first occur. (emphasis added.) Pursuant to the settlement agreement, the trial court entered a Qualified Domestic Relations Order ("QDRO"), which provided,

Beginning with the first monthly retirement benefit payment actually made to the Participant, DONALD KENNETH GANZEL, ... the sum of Seven Hundred Eighty Two and 79/100 ($782.79) Dollars will be deducted therefrom, and from each monthly benefit payment there-after, and will be paid to the Alternate Payee, ANNIE JANE GANZEL... as a deduction.... The Alternate Payee's monthly deduction payments shall be payable to her commencing on the date monthly retirement actually commences being paid to the Participant under the Florida Retirement System.

Although the Former Husband was eligible to retire at age 62, he continued to work. In 1998, the DROP came into existence. The DROP is a voluntary retirement program, in which a Florida state employee can elect to work and earn a salary for up to five years past normal retirement age while the retirement benefits that would have been paid had the employee retired accrue in a fund and earn interest. See § 121.091(13), Fla. Stat. (1999). When employment terminates, the employee will receive the DROP benefits in addition to the employee's normal...

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4 cases
  • Pullo v. Pullo, 1D04-2155.
    • United States
    • Court of Appeal of Florida (US)
    • April 13, 2006
    ...District Court of Appeal, in similar cases to this appeal. See Russell v. Russell, 922 So.2d 1097 (Fla. 4th DCA 2006); Ganzel v. Ganzel, 770 So.2d 304 (Fla. 4th DCA 2000); Swanson v. Swanson, 869 So.2d 735 (Fla. 4th DCA 2004). We agree with these precedents and adopt their rationale as appl......
  • Arnold v. Arnold
    • United States
    • Court of Appeal of Florida (US)
    • October 19, 2007
    ...also Russell v. Russell, 922 So.2d 1097 (Fla. 4th DCA 2006); Swanson v. Swanson, 869 So.2d 735 (Fla. 4th DCA 2004); Ganzel v. Ganzel, 770 So.2d 304 (Fla. 4th DCA 2000). Allocating DROP accounts between former spouses is closely analogous to the "deferred division of benefits on a fixed perc......
  • Cardarelli v. Cardarelli
    • United States
    • Court of Appeal of Florida (US)
    • November 23, 2022
    ...rights no longer exist[] and only individual property rights remain." Ganzel v. Ganzel, 770 So.2d 304, 306 (Fla. 4th DCA 2000). Therefore, in Ganzel, we held that once the judgment of dissolution was entered, the former wife's share of the former husband's FRS retirement benefits payable ea......
  • Russell v. Russell, 4D04-4555.
    • United States
    • Court of Appeal of Florida (US)
    • March 22, 2006
    ...Wife interest and cost of living adjustments which accrued in the former Husband's DROP account. Id. at 738; see also Ganzel v. Ganzel, 770 So.2d 304 (Fla. 4th DCA 2000) (stating that once the judgment of dissolution was entered, the former wife's share of former husband's DROP became her i......

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