The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

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F.S. 61.076

61.076 Distribution of retirement plans upon dissolution of marriage.—

(1) All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs are marital assets subject to equitable distribution.

(2) If the parties were married for at least 10 years, during which at least one of the parties who was a member of the federal uniformed services performed at least 10 years of creditable service, and if the division of marital property includes a division of uniformed services retired or retainer pay, the final judgment shall include the following:

(a) Sufficient information to identify the member of the uniformed services;

(b) Certification that the Servicemembers Civil Relief Act was observed if the decree was issued while the member was on active duty and was not represented in court;

(c) A specification of the amount of retired or retainer pay to be distributed pursuant to the order, expressed in dollars or as a percentage of the disposable retired or retainer pay.

(3) An order which provides for distribution of retired or retainer pay from the federal uniformed services shall not provide for payment from this source more frequently than monthly and shall not require the payor to vary normal pay and disbursement cycles for retired or retainer pay in order to comply with the order.

History.—s. 3, ch. 88-98; s. 5, ch. 2007-5.

F.S. 61.076 on Google Scholar

F.S. 61.076 on Casetext

Amendments to 61.076

Arrestable Offenses / Crimes under Fla. Stat. 61.076

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.076.

Annotations, Discussions, Cases:

Cases from cite.case.law:

STOREY, v. P. STOREY,, 192 So. 3d 670 (Fla. Dist. Ct. App. 2016)

. . . should have looked to the statutory provisions of sections 61.075(5)(a) (defining “marital assets”) and 61.076 . . . ruling that the amended QDRO was not in compliance with the MSA and final judgment. §§ 61.075(5)(a), 61.076 . . . statutory definition of marital assets in section 61.075(5)(a), Florida Statutes (1993), and to section 61.076 . . .

A. WIX, v. M. WIX, Jr., 159 So. 3d 312 (Fla. Dist. Ct. App. 2015)

. . . Siegel, 700 So.2d at 415; see also §§ 61.076, 61.08(2)(d) & (i), 61.30(2)(a)(7), Fla. Stat. (2011). . . .

K. FAIRCHILD, v. G. FAIRCHILD,, 135 So. 3d 537 (Fla. Dist. Ct. App. 2014)

. . . retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs”); § 61.076 . . .

INGRAM, v. INGRAM,, 133 So. 3d 1205 (Fla. Dist. Ct. App. 2014)

. . . See § 61.076, Fla. Stat (1993). . . . Pursuant to section 61.076(2)(c), the amount of the pension to be distributed to the Former Wife could . . . a percentage was used, it was intended to distribute the benefits “accrued during the marriage.” § 61.076 . . .

E. BRATHWAITE, v. BRATHWAITE,, 58 So. 3d 398 (Fla. Dist. Ct. App. 2011)

. . . Section 61.076(1), Florida Statutes, states, “[a]ll vested and nonvested benefits, rights, and funds . . .

H. GIBBONS, v. GIBBONS,, 10 So. 3d 127 (Fla. Dist. Ct. App. 2009)

. . . future is the very definition of a retirement plan, subject to equitable distribution under section 61.076 . . . retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs”); § 61.076 . . . post-65 disability benefits were retirement benefits subject to equitable distribution under section 61.076 . . .

J. SMITH, v. SMITH,, 934 So. 2d 636 (Fla. Dist. Ct. App. 2006)

. . . . §§ 61.075(5)(a)(4), 61.076(1). . . .

F. RUMLER, v. J. RUMLER,, 932 So. 2d 1165 (Fla. Dist. Ct. App. 2006)

. . . retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs”); § 61.076 . . .

PARRY, v. PARRY,, 933 So. 2d 9 (Fla. Dist. Ct. App. 2006)

. . . See §§ 61.075(5)(a)(4), 61.076(1) (providing that all nonvested retirement or pension benefits accrued . . .

ACKER, v. ACKER,, 904 So. 2d 384 (Fla. 2005)

. . . retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs”); § 61.076 . . . Section 61.076(1) clearly provides that “[a]ll vested and nonvested benefits, rights, and funds accrued . . . compensation, and insurance plans and programs are marital assets subject to equitable distribution.” § 61.076 . . .

In L. KAUFFMAN,, 299 B.R. 641 (Bankr. M.D. Fla. 2003)

. . . The court found that § 61.076 of the Florida Statutes created an exception to the prohibition against . . . clause contained in a municipal pension plan was repealed by implication by the subsequent passage of § 61.076 . . . the decision in Cason and reluctantly following the decision in Vizcaino, the Court concludes that § 61.076 . . . Section 61.076 provides in pertinent part Distribution of retirement plans upon dissolution of marriage . . .

GAETANI- SLADE, v. SLADE,, 852 So. 2d 343 (Fla. Dist. Ct. App. 2003)

. . . .” § 61.076(1), Fla. Stat. (2000); Crockett v. Crockett, 708 So.2d 329 (Fla. 1st DCA 1998). . . .

JENSEN, v. JENSEN,, 824 So. 2d 315 (Fla. Dist. Ct. App. 2002)

. . . . § 61.076(6)(b), Fla. Stat. (2000). . . .

BUSH, v. BUSH,, 824 So. 2d 293 (Fla. Dist. Ct. App. 2002)

. . . See § 61.076(l)(b), (1)(k) and (1)(j), Fla. Stat. (1999). . . .

S. WILDTRAUT, v. J. WILDTRAUT,, 787 So. 2d 182 (Fla. Dist. Ct. App. 2001)

. . . Section 61.076(1), Florida Statutes (1997), provides that all rights (vested and nonvested) in retirement . . .

WISE, v. WISE,, 765 So. 2d 898 (Fla. Dist. Ct. App. 2000)

. . . . § 1408; 61.076, Fla. Stat; Johnson v. Johnson, 602 So.2d 1348 (Fla. 2d DCA 1992). . . .

C. COONS, Jr. v. COONS,, 765 So. 2d 167 (Fla. Dist. Ct. App. 2000)

. . . retirement benefits in accordance with the Florida equitable distribution statute, sections 61.075 & 61.076 . . . rights, and funds accrued during the marriage in retirement [and] pension ... plans and programs”) & 61.076 . . .

SANTIAGO, v. SANTIAGO,, 749 So. 2d 584 (Fla. Dist. Ct. App. 2000)

. . . . § 61.076, Fla. Stat. (1997). . § 61.075(1) and (3); Whelan v. . . .

J. GREGSON, v. GREGSON,, 739 So. 2d 1266 (Fla. Dist. Ct. App. 1999)

. . . See § 61.076(3)(a)(6), Fla. Stat. (1997); Robertson v. Robertson, 598 So.2d 491 (Fla.1991). . . .

NELSON, v. NELSON,, 733 So. 2d 603 (Fla. Dist. Ct. App. 1999)

. . . See § 61.076(1), Fla. Stat. (1997). . . .

R. JOHNSON, v. P. JOHNSON,, 726 So. 2d 393 (Fla. Dist. Ct. App. 1999)

. . . Security Replacement Plan as a marital asset subject to equitable distribution pursuant to section 61.076 . . . similar to federal social security benefits as to render them exempt from the provisions of section 61.076 . . . substitute for federal social security, are marital assets and should be distributed pursuant to section 61.076 . . . Section 61.076(1), Florida Statutes (1997), provides: (1) All vested and non-vested benefits, rights, . . .

WHITE, v. WHITE,, 710 So. 2d 208 (Fla. Dist. Ct. App. 1998)

. . . .” § 61.076(1), Fla. Stat. (1995); Anciaux v. . . .

M. CROCKETT, Jr. v. M. CROCKETT,, 708 So. 2d 329 (Fla. Dist. Ct. App. 1998)

. . . Section 61.076(1), Florida Statutes (1995), provides: All vested and non-vested benefits, rights, and . . .

BOYETT, v. M. BOYETT, Jr., 703 So. 2d 451 (Fla. 1997)

. . . statutory definition of marital assets in section 61.075(5)(a), Florida Statutes (1993), and to section 61.076 . . . Section 61.076(1), Florida Statutes (1993), regarding the distribution of retirement plans provides: . . .

R. SIEGEL, v. M. SIEGEL,, 700 So. 2d 414 (Fla. Dist. Ct. App. 1997)

. . . Section 61.076(1), Florida Statutes (1995), declares “all ... funds accrued during the marriage in retirement . . .

In L. CASON,, 211 B.R. 72 (Bankr. N.D. Fla. 1997)

. . . Fla.Stat. ch. 61.076 (1995). . . .

BROCK, v. BROCK,, 690 So. 2d 737 (Fla. Dist. Ct. App. 1997)

. . . . § 61.076, Fla.Stat. (1995); Vaccaro v. Vaccaro, 677 So.2d 918 (Fla. 5th DCA 1996). . Kirkland v. . . .

K. VACCARO, v. D. VACCARO,, 677 So. 2d 918 (Fla. Dist. Ct. App. 1996)

. . . .” §§ 61.075(5)(a)4, 61.076(1), Fla. Stat.; Diffenderfer v. . . .

ADKINS, v. ADKINS,, 675 So. 2d 199 (Fla. Dist. Ct. App. 1996)

. . . Sections 61.075 and 61.076, Florida Statutes., specify that all funds accrued during a marriage in pension . . .

A. ANCIAUX, v. A. ANCIAUX,, 666 So. 2d 577 (Fla. Dist. Ct. App. 1996)

. . . The trial judge declared in his order that pursuant to section 61.076, Florida Statutes (1993), the former . . . Section 61.076(1), Florida Statutes (1993), clearly provides that the pension plan is a marital asset . . . Section 61.076(2), Florida Statutes (1993), requires certain information in the final judgment with respect . . .

ESSEX, v. ESSEX,, 649 So. 2d 293 (Fla. Dist. Ct. App. 1995)

. . . error not to consider same when making its equitable distribution, § 61.075(5)(a), Fla.Stat. (1993); § 61.076 . . .

BOARD OF PENSION TRUSTEES OF CITY GENERAL EMPLOYEES PENSION PLAN, CITY OF JACKSONVILLE, PENSION PLAN ADMINISTRATOR, v. E. VIZCAINO, Sr. I. n k a I., 635 So. 2d 1012 (Fla. Dist. Ct. App. 1994)

. . . in the City’s Pension Plan was repealed by implication by the subsequent passage of sections 61.075, 61.076 . . . clause of the City’s Pension Plan was impliedly repealed by the subsequent adoption of sections 61.-075, 61.076 . . . Section 61.076 reiterates that all interests in retirement or pension plans (whether vested or not) which . . . The provisions of section 61.076(2) and (3) are intended merely to assure that trial court orders include . . .

In L. McCOLLAM, E. LeCROY, v. L. McCOLLAM,, 986 F.2d 436 (11th Cir. 1993)

. . . See, e.g., §§ 61.076 (dissolution of marriage); 175.-071, 175.201 (firefighters pension trust funds); . . .

In L. McCOLLAM, E. LeCROY, v. L. McCOLLAM,, 986 F.2d 436 (11th Cir. 1993)

. . . See, e.g., §§ 61.076 (dissolution of marriage); 175.-071, 175.201 (firefighters pension trust funds); . . .

In L. McCOLLAM, E. LeCROY, v. L. McCOLLAM,, 612 So. 2d 572 (Fla. 1993)

. . . See, e.g., §§ 61.076 (dissolution of marriage); 175.-071, 175.201 (firefighters pension trust funds); . . .

J. PARKER, v. C. PARKER,, 610 So. 2d 719 (Fla. Dist. Ct. App. 1992)

. . . See sections 61.075(3)(a)(4) and 61.076(1), Florida Statutes (1989); Glover v. . . .

JOHNSON, v. JOHNSON,, 602 So. 2d 1348 (Fla. Dist. Ct. App. 1992)

. . . Johnson contends that the trial court considered all of the evidence, applied sections 61.076 and 61.08 . . .

GLOVER, v. GLOVER,, 601 So. 2d 231 (Fla. Dist. Ct. App. 1992)

. . . Sections 61.075(3)(a)(4) and 61.076(1), Florida Statutes (1989), provide nonetheless that “[a]ll vested . . .

DeLOACH, v. DeLOACH,, 590 So. 2d 956 (Fla. Dist. Ct. App. 1991)

. . . Moreover, Hennessey did not refer to Section 61.076(1), Florida Statutes (Supp.1988), which, like section . . .

McMAHAN, v. McMAHAN,, 567 So. 2d 976 (Fla. Dist. Ct. App. 1990)

. . . See § 61.076, Fla.Stat. (Supp.1988). See also § 61.075(3)(a)4, Fla.Stat. (Supp.1988). . . .