Jacksonville Divorce Lawyer Blog
In a Florida divorce the trial court may order the payor spouse to get a life insurance policy as security for his or her alimony obligation with the payee spouse as the beneficiary. The burden in this type of case is on the payee spouse to show several things:
1) necessity for the insurance;
2) insurability of the payor;
3) cost and availability of insurance;
4) reasonable premium;
5) affordable to the payor spouse; and
6) in some districts you will have to show special circumstances which would require the security.
The requirement, while provided for in the statute, is subject to the discretion of the trial court when the parties cannot agree on the issue. The purpose behind the insurance is to provide for the needs of the spouse who is entitled to an alimony award should the payor spouse die unexpectedly while the obligation still exists. A payee spouse left in this position could face dire consequences without this type of security.
If you have questions regarding a support obligation in a Florida Divorce please contact a Florida Family Law Attorney.