133 So. 3d 961
Fla. Dist. Ct. App.2013Background
- Berlinger stopped paying $16,000 monthly alimony after 2011, despite a final judgment and settlement.
- Casselberry obtained judgments and pursued garnishment against the Berlinger Discretionary Trusts to collect alimony arrears.
- An agreed order in August 2011 required liquidation of an IRA to satisfy arrears; writs against the trust trustee SunTrust followed.
- Berlinger created the Schweiker-Berlinger Irrevocable Life Insurance Trust and concealed related real property transfers; discovery uncovered the new trust and trustee Inglis.
- Trustee Inglis testified that distributions were made to pay Berlinger’s creditors and household expenses rather than directly to Berlinger.
- In November 2012 the trial court granted continuing writs of garnishment against all discretionary distributions to or for Berlinger, with safeguards for future alimony payments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May discretionary trusts be garnished for alimony? | Casselberry: garnishment allowed under 736.0503(3) and 736.0504. | Berlinger: discretionary protections shield trust distributions. | Garnishment proper; discretionary trusts may be targeted when supported by alimony order. |
| Application of Bacardi v. White to discretionary trusts | Casselberry: Bacardi controls; spendthrift provisions not absolute. | Berlinger: trusts’ discretionary nature blocks garnishment. | Bacardi controls; garnishment permitted under the Trust Code. |
| Impact of public policy on spendthrift provisions | Casselberry: enforcement of alimony outweighs spendthrift protections. | Berlinger: spendthrift protections favor beneficiaries. | Public policy favors enforcing alimony, not shielding it behind spendthrift provisions. |
Key Cases Cited
- Bacardi v. White, 463 So.2d 218 (Fla. 1985) (spendthrift restraints not absolute bar to alimony enforcement)
- Gilbert v. Gilbert, 447 So.2d 299 (Fla. 2d DCA 1984) (spendthrift trusts can be garnished for arrears in alimony)
- Heart of Adoptions, Inc. v. J.A., 963 So.2d 189 (Fla. 2007) (de novo review of trial court orders in trust/alimony matters)