532 So. 2d 686 | Fla. Dist. Ct. App. | 1988
Lead Opinion
Appellant husband appeals from a final judgment of dissolution of marriage, alleging that the trial court erred in (1) requiring appellant to secure the payment of alimony by an unencumbered life insurance policy naming the wife as beneficiary; and (2) ordering appellant to pay the wife’s attorney’s fees and costs. We affirm.
This court has recently held that under Section 61.08(3), Florida Statutes (1985),
We also affirm on the second issue pertaining to the trial court’s ordering appellant to pay the wife’s attorney’s fees and costs.
AFFIRMED.
. Section 61.08(3), Florida Statutes (1985) provides in pertinent part:
(3) To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets which may be suitable for that purpose.
Rehearing
ON MOTION FOR REHEARING
By his motion for rehearing, appellant asks that we certify the question stated below to the Florida Supreme Court as a question of great public importance. We grant such motion and, as we did in Fiveash v. Fiveash, 523 So.2d 764 (Fla. 1st DCA 1988) and McMath v. McMath, 526 So.2d 1027 (Fla. 1st DCA 1988), certify the following:
Does § 61.08(3) Florida Statutes (1985) authorize a trial court to require an alimony paying spouse to maintain a life insurance policy securing said alimony award, such that upon the death of the paying spouse the receiving spouse is only entitled to receive from the insurance the sum total of any existing alimony arrearages?