Posted by Nydia Streets of Streets Law in Florida Divorce

After a long-term marriage in Florida, issues of alimony and equitable distribution are expected to play a part in a divorce proceeding. In Sager v. Sager, 4D19-1722 (Fla. 4th DCA March 11, 2020), the parties were married for 34 years by the time they divorced, and the trial court awarded the former wife an unequal distribution of marital assets, which the former husband appealed among other issues.

The trial court made specific findings that the former husband was less than forthcoming about his financial picture, and that he wasted or recklessly spent marital funds. As a result, the trial court awarded to the former wife more than 50% of the value of the marital estate. Alimony was also awarded to the former wife on the basis of her age and her living paycheck to paycheck. The former wife was 66 and the former husband was 72. The former husband appealed, arguing it was error for the court to make an unequal distribution and for the court to require him to obtain a $250,000 life insurance policy to secure alimony for the former wife.

The appellate court agreed with the former husband on these two points, reversing. As to the unequal distribution, the court held “One thing is clear, the court intended an unequal distribution of assets, and provided reasons for this unequal distribution. But, it failed to identify the value of the marital home and the percentages to be apportioned. We therefore reverse and remand the case to the trial court to place a value on the parties' marital home, clearly identify the apportionment of the sale proceeds of both the marital home and the rental property (should a profit be realized), and explain how it reached those conclusions.” In other words, while the appellate court agreed that reasons for an unequal division existed on the record, the trial court needed to take the extra step of being more specific about how that division would be accomplished.

Next, with regard to the life insurance requirement, the appellate court found that while there were exceptional circumstances on the record that warranted the insurance (“Here, the trial court found the former wife's current financial assets were insufficient to sustain her if the former husband died. She has no investment or retirement accounts, lives paycheck to paycheck, and has incurred attorney's fees as a result of the former husband's failure to accurately report his financial status. The former husband testified he no longer had a life insurance policy, his income was limited, and he had significant health issues.”), the final judgment lacked findings of cost, availability and the former husband’s ability to pay for such a policy.

A Florida divorce involving elderly parties carries unique circumstances and concerns that should be taken into account when entering a marital settlement agreement or participating in litigation. Schedule a consultation with a Miami divorce lawyer to understand how the law may apply to your case.