Summary
In Speigner, the parties were married in May 1969, divorced in April 1980, and remarried in July 1981. The court reversed the portion of the final judgment effecting distribution of the husband's profit-sharing plan, and remanded with instructions to treat as marital property only that portion of the plan accumulated during the parties' second marriage.
Summary of this case from Herring v. HerringOpinion
No. 93-3568.
November 18, 1994.
An Appeal from Circuit Court for Bay County; Judy Pittman, Judge.
Paul G. Komarek of Daniel Komarek, Panama City, for appellant.
Jeffrey P. Whitton, Panama City, for appellee.
The appellant challenges portions of a final judgment of dissolution of marriage. We find no error except as to the distribution of the appellant's profit sharing plan. The parties, who were married in May 1969 and divorced in April 1980, were remarried in July 1981. On remand, the court should treat only that portion of the profit sharing plan accumulated during the parties' second marriage as marital property. We accordingly reverse that portion of the final judgment which distributes the marital assets, and we remand this case for redistribution of the marital assets in accordance with this opinion. The final judgment is in all other respects affirmed.
ALLEN, WEBSTER and DAVIS, JJ., concur.