102 So. 3d 711
Fla. Dist. Ct. App.2012Background
- Trial court ordered permanent periodic alimony of $1,123.67/month to Lisa Therriault after dissolution of marriage nearly sixteen years.
- Final Judgment of Dissolution entered before July 1, 2011, so amended statute requiring no other fair form of alimony did not apply.
- Court affirmed alimony award as supported by competent and substantial evidence and consistent with Canakaris.
- Court reversed the life insurance requirement of $500,000 securing alimony and child support, naming Lisa as irrevocable beneficiary.
- Remand to consider life insurance issue with required evidentiary findings as to availability, cost, payor’s ability, and special circumstances.
- Amended Final Judgment identical to Final Judgment except for rehearing denial; Supplemental Final Judgment sets alimony amount.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the alimony award was properly supported. | Therriault contends the trial court abused discretion. | Therriault argues the award lacks proper statutory and evidentiary support. | Alimony award affirmed. |
| Whether the post-2011 life insurance requirement was warranted. | Kotlarz-based insistence on detailed findings supports the requirement. | The trial court should be able to require insurance without additional findings. | Life insurance requirement reversed and remanded for proper findings. |
Key Cases Cited
- Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980) (alimony not automatically from misfortune to prosperity)
- Kotlarz v. Kotlarz, 21 So.3d 892 (Fla. 1st DCA 2009) (life-insurance security requires specific findings)
- Plichta v. Plichta, 899 So.2d 1283 (Fla. 2d DCA 2005) (requirements for securing awards with life insurance)
- Burnham v. Burnham, 884 So.2d 390 (Fla. 2d DCA 2004) (insurance amount must relate to extent of obligation)
- Richardson v. Richardson, 900 So.2d 656 (Fla. 2d DCA 2005) (special circumstances for life-insurance security)
- Alpha v. Alpha, 885 So.2d 1023 (Fla. 5th DCA 2004) (special circumstances for life-insurance security)
- Zangan v. Cunningham, 889 So.2d 918 (Fla. 2d DCA 2003) (corroborating authority on insurance security)
- Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980) (as above (duplicate for emphasis))