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Cases of Interest: Double Dipping
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FLORIDA: Bain v. Bain, 687 So. 2d 79 (Fla. Dist. Ct. App. 1997).
Where the husband's pension had been awarded to him as equitable distribution, the trial court erred in considering the pension as a source from which alimony should be paid, except for the amount of payments attributable to postdissolution contributions.
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VIRGINIA: Moreno v. Moreno, 24 Va. App. 190, 480 S.E.2d 702 (1997).
The income received by the husband from his share of the distribution of his pension could be considered as a resource when determining the amount of his spousal support obligation, and the wife's income from her share of the pension should be considered as a resource of hers in determining her need for support.
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WISCONSIN: Olski v. Olski, ___ Wis. 2d ___, 540 N.W.2d 412 (Ct. App. 1995).
The portion of a former spouse's pension attributable to postdivorce employment, and therefore not subject to division as marital property at divorce, may be treated as income for postdivorce maintenance obligations.
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