Posted by Nydia Streets of Streets Law in Florida Alimony
“Will I be required to obtain life insurance to support an alimony award in a Florida divorce?” This is a question many might have when faced with the possibility of paying spousal support. Florida law does allow for life insurance to be paid when an alimony amount is awarded, but there are findings that must be made before this is ordered. This was an issue in the case Murphy v. Murphy, 1D21-1691 (Fla. 1st DCA March 16, 2022).
In this case, the former husband was ordered to maintain a life insurance policy he already held as of the time of divorce, in order to support alimony he was ordered to pay. The court found he had the ability to pay the premiums on this $200,000 policy because he reported it as an expense on his financial affidavit. The former husband appealed this ruling, arguing the appropriate findings were not made to support the life insurance requirement.
The appellate court agreed with the former husband, holding “[T]he trial court did not make a specific finding that the $200,000.00 policy ordered was related to the extent of the alimony obligation and did not find ‘special circumstances that warrant such security.’” The case was therefore remanded for the trial court to make these findings and to revise the life insurance requirement if necessary.
Speak to a Miami family law attorney to understand what you may be able to expect in your Florida divorce case.