Florida has abolished permanent alimony. Florida Statute § 61.08 governs alimony, which includes durational alimony. In Florida Statute 61.08, you will find the parameters of alimony in Florida.
You can read that statute in great detail regarding alimony. Before a court may award durational alimony, it must make a threshold finding that the requesting spouse has an actual need for alimony and that the other spouse has the ability to pay. A trial court must support any award of durational alimony with specific findings of fact regarding both need and ability to pay. Absent such findings, an award of alimony constitutes reversible error.
Although there is a statutory durational alimony formula, the existence of the formula does not eliminate the requirement that the court first determines need and ability to pay. Alimony may not be awarded solely based on the formula without these prerequisite findings.
Life Insurance to Secure Alimony
If alimony is awarded, the court may order the payor spouse to purchase or maintain a life insurance policy to secure the alimony obligation, but only to the extent necessary to protect the award. See Fla. Stat. § 61.08(4).
To require life insurance as security for alimony, the trial court must make specific findings regarding:
- The availability and cost of the life insurance,
- The payor spouse’s health and ability to pay for the insurance, and
- Special circumstances justifying the requirement.
Failure to make these findings constitutes reversible error.
Special circumstances may exist where the death of the paying spouse would leave the receiving spouse in dire financial circumstances, the paying spouse is in poor health, the receiving spouse has limited earning capacity, or the paying spouse has a history of arrearages on support obligations.
Additionally, the amount of life insurance required must be reasonably related to the extent of the alimony obligation being secured. A trial court errs if it orders a former spouse to purchase or maintain life insurance in an amount that exceeds the support obligation.
If you have more questions regarding a Marital and Family Law matter, Guardianship or Estate matter you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. on 407-732-7620 and arrange an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com
This article is for informational purposes only and does not form an attorney client privilege.