From Casetext: Smarter Legal Research

Gay v. Gay

District Court of Appeal of Florida, Second District
Jan 18, 1991
573 So. 2d 180 (Fla. Dist. Ct. App. 1991)

Summary

holding that disability benefits are separate property because they replace future income

Summary of this case from Conrad v. Conrad

Opinion

No. 90-00520.

January 18, 1991.

Appeal from the Circuit Court, Pinellas County, Frank H. White, J.

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) ("A disability pension . . . is not a marital asset for purposes of equitable distribution."). 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.

LEHAN, A.C.J., and FRANK and THREADGILL, JJ., concur.


Summaries of

Gay v. Gay

District Court of Appeal of Florida, Second District
Jan 18, 1991
573 So. 2d 180 (Fla. Dist. Ct. App. 1991)

holding that disability benefits are separate property because they replace future income

Summary of this case from Conrad v. Conrad

holding that disability benefits are entirely separate property because they replace future income

Summary of this case from Gragg v. Gragg

holding that a disabled spouse's disability plan was not a marital asset

Summary of this case from Gibbons v. Gibbons

holding husband's "disability plan" was not marital asset

Summary of this case from Rumler v. Rumler
Case details for

Gay v. Gay

Case Details

Full title:MARVIN E. GAY, APPELLANT, v. JOANNE J. GAY, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jan 18, 1991

Citations

573 So. 2d 180 (Fla. Dist. Ct. App. 1991)

Citing Cases

Rumler v. Rumler

The Husband argues that his pension was a disability pension not subject to equitable distribution. See Gay…

Notarianni v. Notarianni

It is error to impose such an open-ended obligation. See Gay v. Gay, 573 So.2d 180, 180-81 (Fla. 2d DCA…