Matthew Lane & Associates, P.A.
PALM BEACH GARDENS, WEST PALM BEACH, WELLINGTON, BOCA RATON561-328-1111
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Alimony Archives

The Requirement to Purchase Life Insurance to Secure Alimony Awards in Florida

As part of an alimony obligation, a payor may be required to purchase life insurance to secure the award. In a recently decided case captioned Sager v. Sager the former husband appealed the final judgment. He argued that the trial court erred in requiring him to purchase life insurance to secure his alimony obligation. Husband and wife were married in 1982, and the former husband filed for divorce in 2016. Former husband was a mortgage broker and former wife was a teacher. The parties lived in the State of New Jersey for a large part of their marriage. The parties moved to the State of Florida and bought two houses. They used one as the marital home and used the other as a rental property. The former husband was 72 years old, and was retired. The former wife was 66 years of age. She did not have a college degree and was an early childhood teacher. She was also a substitute teacher in the summer. The trial court required the former husband to purchase a $250,000 life insurance policy to secure his alimony obligation to the former wife. The former husband appealed from the judgment requiring him to purchase the life insurance policy.

Alimony in Palm Beach Gardens, Florida

Imputation for purposes of alimony was recently decided by the Florida Court of Appeal in a case captioned Cura v. Cura. In Cura v. Cura, the Husband filed an appeal challenging an order awarding temporary alimony and child support. After a seventeen year marriage, the husband and wife separated. When the parties separated they were living at the husband's mother's home in Palm Beach County, Florida. The wife obtained her own residence and filed for divorce. She sought an award of temporary alimony and child support. During the course of the marriage, the parties enjoyed a lavish lifestyle. Immediately before the filing for divorce, the parties sold a valuable piece of property. The husband then sold a second piece of property. Finally, the husband took out a large mortgage on a third piece of property. The husband also sold a number of investments.

Alimony

In an alimony case that was recently decided by the Florida Court of Appeal the Florida Court of Appeal stated that permanent alimony can be awarded to provide for the recipient's needs, as they were established during the course of the marriage, if the recipient lacks the ability to meet his or her financial needs after the parties are divorced. In Weininger v. Weininger the Florida Court of Appeal stated that in a long-term marriage there is a rebuttable presumption that permanent alimony should be awarded. A long-term marriage is a marriage having a duration of 17 years or more. The party that is seeking an award of alimony has the burden to prove the payor's ability to pay and the payee's financial need.

Alimony in Boca Raton, Florida

An alimony issue was recently decided by the Florida Court of Appeal in a case captioned Cooper v. Cooper. In this case the husband appealed a divorce judgment obtained by his wife. The trial court awarded the wife permanent alimony. The Husband contended that the amount of the alimony award was improper. The Florida Court of Appeal agreed. In calculating alimony, the trial court included the husband's total income which consisted of the husband's salary and bonuses. The Florida Court of Appeal ruled that the ability to pay alimony is based on net income, not total income. Therefore, the appellate court reversed the alimony award and remanded the case back to the trial court with directions that the trial curt should issue an award based upon the husband's net income. Additionally, the appellate court directed the trial court to calculate the tax consequences of the support award on the husband's net income. Finally, the Florida Court of Appeal instructed the trial court to determine whether life insurance was required to secure the payment of the alimony award based on the cost of the insurance, its availability and the need for this insurance.

Alimony in Boca Raton, Florida

In awarding alimony, the trial court is required to take into account the payor's living expenses. In a recently decided case before the Florida Court of Appeal captioned Will v. Will, the husband appealed the lower court's award of alimony. The husband challenged the alimony award, because the trial court erred in determining his ability to pay without taking into account his living expenses. The Florida Court of Appeal reversed the lower court's alimony award. The Florida Court of Appeal stated that when a trial court calculates alimony, it is required to take into account the payor's living expenses when determining the payor's ability to pay. In determining a payor's ability to pay, a court must consider the payor's necessary and reasonable living expenses. An award of support must take into account the payor's living expenses. An award of alimony shouldn't substantially endanger a payor's economic status. Since the lower court failed to take into account the husband's living expenses, the Florida Court of Appeal reversed the award and ordered the court to consider the husband's living expenses and his current income in calculating the appropriate alimony award.

Alimony in Palm Beach Gardens

Calculation of alimony was recently discussed by the Florida Court of Appeal in a case captioned Reyes v. Fernandez. The court stated that permanent alimony is intended to provide for the needs and the necessities of life of the former spouse, as they were established during the course of their marriage. The two primary factors are the needs of the recipient spouse and the ability of the payor to provide the required funds.

Alimony in Boca Raton, Florida - Imputation of Income

Imputation of alimony was recently discussed by the Florida Court of Appeal in a case captioned Frerking v. Stacy. In this case, the former wife appealed a trial court's decision that denied her request for permanent alimony and imputed income to her. The parties were married for nineteen years. The Florida Court of appeal pointed out that permanent alimony is intended to provide for the needs and necessities of life as they were established during the course of the marriage. Permanent alimony is presumed to be appropriate after a long-term marriage. A marriage that lasts seventeen years or more is considered to be a long-term marriage. A trial court errs when it fails to award permanent alimony where there has been a long-term marriage, unless the presumption favoring this award is overcome by competent substantial evidence.

Modification of Alimony in Palm Beach County, Florida

Modification of Alimony was recently discussed by the Florida Court of Appeal in a case captioned Inman v. Inman. In this case the former husband sought appellate review of a trial court order denying his supplemental petition for modification of alimony. The former husband sought to terminate his alimony obligation based upon the remarriage of his former wife. He also sought modification based on the parties change in financial circumstances. The Florida Court of Appeal reversed the trial court based on its inappropriate application of the standard to modify alimony awards.

Alimony in Florida - Paying Spouse to Purchase Life Insurance

In an alimony case, a trial court may require a paying spouse to maintain life insurance under certain circumstances. In order for a court to require a paying spouse to maintain life insurance, the trial court must find that the insurance is available, it must state the cost of the policy, and it must determine the that paying spouse has the ability to pay for the cost of the insurance. The amount of the insurance required must be commensurate with the amount of the support obligation. Finally, in order to require a paying spouse to maintain life insurance to secure an alimony obligation, there must be "special circumstances" that justify this requirement. These special circumstances include situations where the recipient spouse would be left in severe financial condition after the death of the paying spouse due to his or her poor health, age, or lack of employment potential.

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