Essex v. Essex

Appellant, former wife, seeks review of an equitable distribution of marital assets as set forth in a final judgment of dissolution.

Although the trial court properly found the enhancement, during the marriage, of the husband’s pension funds to be a marital asset it was error not to consider same when making its equitable distribution, § 61.075(5)(a), Fla.Stat. (1993); § 61.076(1), Fla.Stat. (1993); Diffenderfer v. Diffenderfer, 491 So.2d 265 (Fla.1986). The wife’s presumptive share should not have been discounted on the theory that she had not made a monetary contribution to same.…