Posted by Nydia Streets of Streets Law in Florida Alimony
Florida alimony is calculated pursuant to a formula specified in Chapter 61.08 of the Florida Statutes. Florida law also provides for life insurance to be obtained to support an alimony award, but only under certain circumstances. These were issues in the case Beck v. Beck, 4D2024-0814 (Fla. 4th DCA November 19, 2025).
In this divorce case, the former husband appealed three issues, and the appellate court affirmed on one without discussion, but reversed on two other issues. One issue appealed was the trial court’s ruling that the former husband be responsible for obtaining life insurance to secure the support award. The other issue was the calculation of the alimony based on the length of the parties’ marriage.
As to the life insurance issue, the appellate court reversed, holding “First, the former husband argues that the trial court, without making the required factual findings, ordered him to obtain life insurance to secure support. We agree such findings are required. ‘A trial court has the authority to order a party to obtain life insurance to secure the payment of alimony and child support.’ §§ 61.08(3), 61.13(1)(c) Fla. Stat. (2023). However, ‘the trial court must make specific evidentiary findings regarding the availability and cost of insurance, the obligor's ability to pay, and the special circumstances that warrant the requirement for security of the obligation.’ Leyte-Vidal v. Leyte-Vidal, 350 So. 3d 79, 83 (Fla. 4th DCA 2022).”
Turning to the alimony issue, the appellate court also reversed, holding “Second, the former husband argues that the trial court erred in the award of durational alimony because the trial court had miscalculated the duration of the parties’ marriage. We agree with this argument as well. The record reflects the parties were married from May 15, 2013 to March 16, 2022 (i.e., 106 months). Section 61.08(8)(b), Florida Statutes (2023), provides: ‘An award of durational alimony may not exceed 50% of the length of a short-term marriage.’ § 61.08(8)(b), Fla. Stat. (2023). Section 61.08(5) defines short-term marriages as those marriages with a duration of less than ten years. § 61.08(5), Fla. Stat. (2023); [internal citations omiited]. Accordingly, we reverse and remand for the trial court to amend the final judgment to reduce the durational alimony award from fifty-four months to fifty-three months.”
Nothing in this article is intended to be legal advice. For specific legal advice, contact a Miami family law attorney for a consultation about your case.