Gay v. Gay, 90-00520
Decision Date | 18 January 1991 |
Docket Number | No. 90-00520,90-00520 |
Parties | 16 Fla. L. Weekly 228 Marvin E. GAY, Appellant, v. Joanne J. GAY, Appellee. |
Court | Florida District Court of Appeals |
Carl T. Boake of Wallace, Finck & Boake, St. Petersburg, for appellant.
Scot E. Samis of Law Office of Charles W. Ehrlich, St. Petersburg, for appellee.
We affirm the final judgment in this dissolution of marriage case except in two respects.
We reverse the award to the wife of one-half of the husband's disability plan under which the husband is entitled to $73.00 per month. See Freeman v. Freeman, 468 So.2d 326, 328 (Fla. 5th DCA 1985) (). We do not agree with the wife's argument that Freeman was effectively overruled by Weisfeld v. Weisfeld, 545 So.2d 1341 (Fla.1989). See Weisfeld, 545 So.2d at 1346.
We reverse the requirements in the final judgment that the husband provide the wife with health insurance coverage and pay one-half of any deductible or noncovered medical expenses. Neither of those requirements contains a limitation as to the maximum costs thereof to the husband. See Richards v. Richards, 477 So.2d 620 (Fla. 5th DCA 1985); Miller v. Miller, 466 So.2d 356 (Fla. 5th DCA 1985). Upon remand the trial court should fix reasonable limitations on the maximum costs to the husband of those requirements.
Affirmed in part, reversed in part, and remanded for proceedings consistent herewith.
To continue reading
Request your trial-
Conrad v. Conrad
...had both disability component, deemed separate property, and retirement component, deemed community property); Gay v. Gay, 573 So.2d 180 (Fla.Dist.App.1991) (holding that disability benefits are separate property because they replace future income); Hoffner v. Hoffner, 577 So.2d 703 (Fla.Di......
-
Gragg v. Gragg
...income but as separate property to the extent that they compensate for personal suffering and lost earnings); Gay v. Gay, 573 So. 2d 180 (Fla. Dist. Ct. App. 1991) (holding that disability benefits are entirely separate property because they replace future income); Hoffner v. Hoffner, 577 S......
-
Gibbons v. Gibbons
...an employer-sponsored disability pension does not constitute a marital asset subject to equitable distribution. See Gay v. Gay, 573 So.2d 180, 180 (Fla. 2d DCA 1991) (holding that a disabled spouse's disability plan was not a marital asset) (citing Freeman v. Freeman, 468 So.2d 326, 328 (Fl......
-
Kremer v. Kremer, 91-02197
...2d DCA 1991), there should be "reasonable limitations on the maximum costs to the husband of [that] requirement[ ]." Gay v. Gay, 573 So.2d 180, 181 (Fla. 2d DCA 1991). No such limitations were provided for here. See also Perez v. Perez, 539 So.2d 1178 (Fla. 1st DCA 1989); Jones v. Jones, 49......
-
Equitable distribution and property issues
...623 So. 2d 1243 (Fla. 1st DCA 1993) (military retirement benefits that accrue during marriage are marital assets); Gay v. Gay, 573 So. 2d 180 (Fla. 2d DCA 1991) (military disability payments paid instead of retirement benefits are not subject to equitable distribution).] If the parties were......