Posted by Nydia Streets of Streets Law in Florida Alimony
Life insurance which is intended to secure a Florida alimony obligation is subject to certain parameters. For example, the availability of the insurance and the ability of the obligor to afford a premium for this type of insurance are considerations the court must take into consideration. Once life insurance is ordered, failure to maintain it may lead to sanctions from the court. This was an issue in the case Marin v. Marin, 2D2024-2222 (Fla. 2d DCA October 15, 2025).
The parties entered a marital settlement agreement as part of their divorce which obligated the former husband to maintain a life insurance policy with a benefit of $700,000 to secure his alimony payments to the former wife. The former husband failed to maintain the policy and the former wife filed a motion for contempt. The former husband was found to be in contempt and was given 60 days to obtain a policy in compliance with the final judgment or a judgment in the former wife’s favor would be entered. Eventually the court entered a judgment when the former husband did not obtain the policy, which found “that the former husband had applied for life insurance but that his applications had been denied due to his medical condition.”
The former husband appealed, arguing the contempt sanction was not appropriate because it was not commensurate with the former wife’s loss. The appellate court reversed, holding “Here, it appears that the circuit court sought to impose a monetary sanction that was compensatory in nature: a money judgment in an amount equal to the death benefit of the insurance policy the former husband failed to maintain as security for his alimony obligation. But the money judgment is not commensurate with a loss actually suffered by the former wife. [. . .] Any right the former wife may have had to the insurance policy death benefit would not have arisen until the death of the former husband. It follows then that any right the former wife may have to compensation due to the nonexistence of the insurance policy is contingent in nature. [. . .] The money judgment does not otherwise constitute a valid civil coercive sanction. [internal citation omitted]. The money judgment is therefore reversed to the extent the former husband was ordered to pay the former wife $700,000 plus interest, and the matter is remanded.”
This post should not be construed as legal advice since application of Florida family law rules to the facts of each case may vary. For this reason, you should consult with a Miami family law attorney for specific advice about your case.