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ACKER v. ACKER

No. 3D00-3096.

821 So.2d 1088 (2002)

Charles Frederick ACKER, Appellant, v. Barbara Drumm ACKER, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 31, 2002.

Attorney(s) appearing for the Case

Russo & Kavulich and Jerome J. Kavulich, for appellant.

Nancy A. Hass, Hallandale, for appellee.

Shannon McLin Carlyle, Leesburg; John G. Crabtree, Key Biscayne; Miller, Schwartz and Miller, Hollywood, for the Family Law Section of The Florida Bar as amicus curiae.

Before SCHWARTZ, C.J., and JORGENSON, COPE, LEVY, GERSTEN, GODERICH, GREEN, FLETCHER, SHEVIN, SORONDO and RAMIREZ, JJ.

On Rehearing En Banc

COPE, J.

The former husband was granted his pension plan as part of his equitable distribution at the time of the parties' divorce. Subsequently the former husband retired.

The question before us is whether the pension benefits equitably distributed to the husband may be considered in determining the former husband's ability to pay alimony.1 We conclude that the answer is yes. This follows...

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