Posted by Nydia Streets of Streets Law in Florida Alimony
How does the standard of living experienced during a marriage affect an award of Florida alimony? The standard is a factor the court will consider in awarding the amount of spousal support. If parties lived a modest lifestyle, the alimony award should reflect that. This was an issue in the case Pricher v. Pricher, 5D19-243 (Fla. 5th DCA July 17, 2020).
The parties were married for almost 13 years by the time a petition for divorce was filed. The former wife sought alimony, among other relief. After a trial, the former wife was awarded over $6,000 per month in permanent alimony. The former husband was given the option of naming the former wife as the survivor beneficiary of his military retirement plan or to obtain a life insurance policy. The former husband chose the latter. As a result, the former wife appealed the life insurance issue, while the former husband cross-appealed the alimony award.
Regarding the alimony, the appellate court first noted “Permanent alimony may only be awarded following the dissolution of a moderate-term marriage if such award is based upon clear and convincing evidence taking into consideration all the factors set forth in section 61.08(2).” The court went on to hold it was error to award permanent alimony to the former wife where there was no indication that she could not become self-supporting and she was physically and mentally healthy. The court also took issue with the trial court’s analysis of the parties’ standard of living, holding “Here, the trial court found that the parties lived modestly, and their standard of living was not exorbitant or excessive during their first ten years of marriage. It determined that their standard of living only became ‘comfortable’ after 2013, shortly before the couple separated. It would be erroneous to ignore the parties' most recent standard of living. [internal citation omitted] It would similarly be incorrect to consider only the standard established during the early years. [internal citation omitted] Section 61.08(2)(a) requires the trial court to consider the standard of living established during the couple's marriage, which suggests that where appropriate, the trial court should consider what the standard was throughout the course of the marriage. In determining the couple's standard of living, the trial court improperly focused only on the last few years of marriage during which they lived together for a relatively short amount of time. Rather than looking at Former Husband's income over the entire course of the marriage, the trial court focused on his current, post-separation income which is considerably higher than what he was earning while they were together.”
As to the life insurance issue, the Court found it was error to permit the former husband to obtain life insurance rather than naming the former wife as a survivor beneficiary of his military retirement plan. The court held Trial courts are permitted to order one spouse to obtain and maintain life insurance to secure the other spouse's interest in military retirement benefits. [internal citation omitted]. However, ‘the trial court must make specific evidentiary findings regarding the availability and cost of insurance, the obligor's ability to pay, and the special circumstances that warrant the requirement for security of the obligation.’ [internal citation omitted]. Because no evidence was presented, the trial court understandably made no such findings. Nonetheless, this lack of findings by the trial court means it erred in its ruling that gave Former Husband the alternative of substituting life insurance for designating Former Wife the irrevocable beneficiary of his SBP. [. . . ] Accordingly, we reverse on this issue and remand with instructions for the trial court to enter an amended final judgment that orders Former Wife to be irrevocably designated as the beneficiary of Former Husband's SBP.”
Alimony and life insurance are significant considerations in a Florida divorce. To understand how these issues may be decided in your case, schedule a consultation with a Miami divorce lawyer.