4th DCA Reverses Again in Posner v. Posner

The Fourth District Court of Appeal ruled today in Posner v. Posner, again reversing the lower court in this dissolution of marriage action. Specifically, the Court found error in the lower court's attribution of a non-marital credit card debt of the Wife to the Husband, and reversed a payment schedule that permitted the Wife to pay off equitable distribution over a 71 year period. The Court specifically found abuse of discretion in requiring the Husband to do without the majority of marital assets for the rest of his life. At the same time, however, the Fourth District affirmed the imputation of $1,400.00 in monthly income pursuant to F.S. §61.30, as a result of his living rent-free in a home provided by his parents. The Court found that although such payments are usually from an employer, nothing in the statute precludes the inclusion in income of any in-kind payment or reimbursement that reduces living expenses.