Opinion
Case No. 2D20-220
05-28-2021
David P. OUIMETTE, Appellant, v. Laura A. OUIMETTE, Appellee.
David P. Ouimette, pro se. Jane H. Grossman, St. Petersburg, for Appellee.
David P. Ouimette, pro se.
Jane H. Grossman, St. Petersburg, for Appellee.
CASANUEVA, Judge. David P. Ouimette, the former husband, appeals a final judgment of dissolution of marriage to the former wife, Laura A. Ouimette. We affirm the final judgment but remand for the trial court to make a specific finding as to the former wife's nonmarital retirement account.
The former husband argues that the trial court erred by failing to distribute between the parties the former wife's retirement account or pension. However, the only evidence admitted at the final hearing referencing a retirement account was the former wife's financial affidavit, which identified the retirement account as a nonmarital asset belonging to her. The former husband did not challenge that classification at the final hearing or present any evidence as to value.
Thus, the former husband failed to present competent substantial evidence of a marital retirement account, and the trial court did not err in failing to distribute such an asset. See § 61.075(3), Fla. Stat. (2018) ("In any contested dissolution action wherein a stipulation and agreement has not been entered and filed, any distribution of marital assets or marital liabilities shall be supported by factual findings in the judgment or order based on competent substantial evidence with reference to the factors enumerated in subsection (1)." (emphasis added)). However, because the final judgment contains no specific finding regarding the nonmarital retirement account, we remand for the trial court to make a specific finding identifying the retirement account as the former wife's nonmarital asset. See § 61.075(3)(a) (requiring "[c]lear identification of nonmarital assets and ownership interests").
We have considered and affirm without comment all remaining issues raised by the former husband.
Affirmed; remanded with instructions.
KHOUZAM, C.J., and KELLY, J., Concur.