07-5379 RAYMOND SMITH v. RUTH A. SMITH

State: Florida

Court: Florida First District Court

Docket No: 07-5379

Case Date: 12/05/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RAYMOND SMITH, Appellant, v. CASE NO. 1D07-5379 RUTH A. SMITH, Appellee. _____________________________/ NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Opinion filed December 5, 2008. An appeal from the Circuit Court for Suwannee County. David W. Fina, Judge. Raymond Smith, pro se, Appellant. Ruth A. Smith, pro se, Appellee.

PER CURIAM. The husband appeals a final judgment of dissolution of marriage. We reverse in part, and remand for further proceedings. We find the trial judge did not abuse his discretion in denying the husband's motion for continuance, denying the husband's request for alimony, and declining to

require the wife to obtain health insurance for the minor child through her employment. Accordingly, we affirm on those issues without further discussion. We reverse the award to the wife of a one-half interest in the husband's pending Social Security Disability and workers' compensation claims. "Past lost wages and loss of earning capacity and past medical expenses paid from marital funds are marital property. Damages for future loss of earnings and loss of earning capacity and future medical expenses are the separate property of the injured spouse." Weisfeld v. Weisfeld, 545 So. 2d 1341, 1346 (Fla. 1989). When a trial court makes an equitable distribution award, it must provide specific factual findings that identify and distinguish the marital assets from the non-marital assets. See

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