EUGENE BAKER, APPELLANT,
v.
BLONDELL F. BAKER, APPELLEE
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McCORD, Judge.
Appellant husband appeals the denial of his motion to vacate the final judgment of dissolution of marriage, in which the trial judge awarded to appellee wife a percentage of appellant’s veteran’s disability and social security benefits as permanent periodic alimony. We affirm.
In Higgins v. Higgins, 408 So. 2d 731 (Fla. 1st DCA 1982), and Cullen v. Cullen, 413 So. 2d 1196 (Fla. 1st DCA 1982), this Court has ruled that federal law does not preclude a Florida court from awarding permanent periodic alimony based on a percentage of military retirement pensions. For purposes of the question presented, we find no material distinction between military retirement pay and veteran’s disability compensation benefits or social security benefits. Therefore, we conclude that the instant case is governed by the reasoning and rulings of the Higgins and Cullen decisions. Compare Miller v. Miller, 96 N.M. 497, 632 P. 2d 732 (1981), in which the Supreme Court of New Mexico concluded that a trial court did not abuse its discretion in awarding alimony where the sole sources of payment were disability compensation benefits payable by the Veteran’s Administration and Social Security.
AFFIRMED.
BOOTH and WENTWORTH, JJ., concur.
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Gussie Hanks v. Hanks, 553 So. 2d 340 (Fla. 4th DCA 1989)…veteran’s administration. While this income may be viewed as a source for the payment of alimony, a disability pension is not a marital asset subject to equitable distribution. Freeman v. Freeman, 468 So. 2d 326 (Fla. 5th DCA 1985); Baker v. Baker, 419 So. 2d 735 (Fla. 1st DCA 1982). The award of alimony is challenged as inadequate by the wife and as error by the husband since the wife was awarded lump sum alimony. We agree that the award of alimony was inadequate. The wife’s expenses are nearly three times…
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Freeman v. Freeman, 468 So. 2d 326 (Fla. 5th DCA 1985)…the case of a disability pension? We think not. A disability pension, like a retirement pension, may be considered in determining support for a spouse or minor child. See, e.g., Williamson v. Williamson, 367 So. 2d 1016 (Fla.1979); Baker v. Baker, 419 So. 2d 735 (Fla. 1st DCA 1982); Campbell v. Campbell, 409 So. 2d 236 (Fla. 1st DCA 1982); Hartley v. Hartley, 399 So. 2d 1126 (Fla. 4th DCA 1981); Alford v. Alford, 364 So. 2d 1255 (Fla. 2d DCA 1978). However, we conclude that it is not a marital asset for pur…
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Lou Ann Winewica v. Winewica, 436 So. 2d 271 (Fla. 3d DCA 1983)…judgment dissolving her marriage. The trial court and all counsel labored under the misapprehension that the appel-lee’s federal pension could not be considered in awarding alimony. It appears that such a pension can be considered. Baker v. Baker, 419 So. 2d 735 (Fla. 1st DCA 1982); Cullen v. Cullen, 413 So. 2d 1196 (Fla. 1st DCA 1982); Higgins v. Higgins, 408 So. 2d 731 (Fla. 1st DCA 1982); 10 U.S.C.A. § 1408. Therefore all awards in the nature of alimony are reversed and the matter is returned to the tr…
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- Higgins v. Anne E. Higgins, 408 So. 2d 731 (Fla. 1st DCA 1982)
- Cullen v. Cullen, 413 So. 2d 1196 (Fla. 1st DCA 1982)