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HOLLINGER v. BAUR

No. 98-921.

719 So.2d 954 (1998)

John David HOLLINGER, Appellant, v. Joan BAUR, a/k/a Joan Hollinger, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 18, 1998.

Attorney(s) appearing for the Case

Aurora Ares, Miami; Bret Clark, Miami, for appellant.

Gautier & Kavulich, and Jerome J. Kavulich, Miami, for appellee.

Before LEVY, GERSTEN and SHEVIN, JJ.

PER CURIAM.

John David Hollinger (the "former husband"), appeals an order temporarily modifying his rehabilitative alimony obligation to appellee, Joan Baur (the "former wife"). We reverse in part and remand because the trial court erred in considering earnings from the equitably distributed portion of the former husband's 401(K) in determining his ability to pay alimony.

The parties were married from 1983 to 1995. Upon dissolution, the trial court ascertained...

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