In assessing alimony in a Florida divorce proceeding, if a court requires a spouse to maintain life insurance to cover the alimony obligation, the court must make specific findings that life insurance is available, how much it will cost, and the impact of that this cost will have on the obligor. The amount of insurance must not exceed the support obligation.
In Brennan v. Brennan, the Florida Court of Appeal recently stated: “[I]f a trial court orders a spouse to obtain life insurance, then it must make ‘specific findings as to the availability and cost of the policies and the impact of such cost on the husband.’ ” Galstyan v. Galstyan, 85 So. 3d 561, 565 (Fla. 4th DCA 2012) (citation omitted). The trial court failed to make any findings regarding the necessity or cost of the insurance. The trial court’s only comment on availability of insurance required Former Husband to maintain the life insurance policy ‘so long as it is reasonably available,’ but it failed to detail the parameters of availability. As such the requirement of maintaining life insurance must be reversed for the trial court to make the required findings. Id. We also remind the trial court that the amount of life insurance required must not exceed the support obligation. Foster v. Foster, 83 So. 3d 747, 749 (Fla. 5th DCA 2011).” Brennan v. Brennan, 38 Fla. L. Weekly D2081 (Fla. 4th DCA October 2, 2013)
To speak with an alimony attorney in West Palm Beach, contact Matthew Lane & Associates, P.A. at (561) 651-7273.