Posted by Nydia Streets of Streets Law in Florida Divorce
What are special circumstances that support requiring a spouse to obtain life insurance to secure an alimony obligation? In order for a court to require life insurance in this instance, there must be findings as to availability and cost of insurance, ability to pay, and special circumstances that warrant coverage. This was one issue in the case Zagari v. Zagari, 1D2023-1843 (Fla. 1st DCA July 9, 2025).
In this divorce case, issues were litigated concerning equitable distribution, alimony, and attorney’s fees. The former husband owned and operated a high-end kitchen and bath company for which the former wife performed some services. The former wife managed rental properties and worked part-time for American Airlines. The former wife received rental properties in the equitable distribution, and each party ended up with about $7,000,000 after an equalizing payment was made to the former wife.
The former wife appealed as to the equitable distribution and the denial of her claim for attorney’s fees. Generally relying on the former wife’s failure to preserve these issues for appeal and citing the thoroughness of the final judgment, the appellate court affirmed on these issues. The former husband cross-appealed on the issues of alimony and life insurance.
As to alimony, the former husband argued the trial court failed to analyze the former wife’s need where it did not take into account the former wife’s part-time employment with American Airlines. The appellate court agreed and remanded for the trial court to review the former wife’s need for alimony. Turning to the requirement that the former husband obtain a life insurance policy, the appellate court noted “Examples of special circumstances [required to support a life insurance obligation] include whether the former wife would be placed in dire economic straits upon the former husband’s death, or suffers from disability or other serious health problems that would threaten her ability to afford her costs of living.” The appellate court concluded “The final judgment includes no specific findings supporting the life insurance requirement. Therefore, we reverse as to the life insurance requirement, and remand for reconsideration and compliance with these authorities.”
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