You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Barry v. Barry

Citations: 480 So. 2d 671; 10 Fla. L. Weekly 2670; 1985 Fla. App. LEXIS 17161Docket: No. 84-1097

Court: District Court of Appeal of Florida; December 4, 1985; Florida; State Appellate Court

Narrative Opinion Summary

A case was reviewed en banc to address the significant issue of whether a pension accrued during marriage qualifies as a marital asset for equitable distribution. Upon examining the record, where both parties possess vested pensions and the trial court maintains jurisdiction, the court concluded that the trial judge’s decision was reasonable and should be upheld under the Canakaris test. The ruling is affirmed, with all justices concurring. References to relevant case law include Tronconi v. Tronconi and Canakaris v. Canakaris.

Legal Issues Addressed

Equitable Distribution of Marital Assets

Application: The court addressed whether a pension accrued during marriage qualifies as a marital asset and determined it should be included in equitable distribution.

Reasoning: A case was reviewed en banc to address the significant issue of whether a pension accrued during marriage qualifies as a marital asset for equitable distribution.

Standard of Review under the Canakaris Test

Application: The court found that the trial judge’s decision was reasonable and should be upheld according to the Canakaris test, indicating a deferential standard of review.

Reasoning: Upon examining the record, where both parties possess vested pensions and the trial court maintains jurisdiction, the court concluded that the trial judge’s decision was reasonable and should be upheld under the Canakaris test.