JOSEPH P. INGLETT, APPELLANT,
v.
FLORA FLO INGLETT, APPELLEE
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The court held that the trial court erred in ordering the husband to secure equivalent medical insurance coverage for the wife, as there was no evidence of his agreement to do so. However, the alimony award was affirmed.
[1] A trial court's award of permanent alimony will be affirmed if supported by competent and substantial evidence and the court did not abuse its discretion.
[2] A court cannot order a party to secure equivalent medical coverage for an ex-spouse without that party's agreement, absent a showing of necessity or a specific agreement…
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Join FLexlaw to unlock all legal intelligenceFollowing a dissolution of marriage, the trial court ordered the husband to pay permanent alimony and maintain medical insurance for the wife. The hus…
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ZEHMER, Judge.
Joseph P. Inglett, the husband, appeals from a final judgment of dissolution of marriage. He contends that the court reversibly erred in ordering him to pay permanent alimony to his former wife, Flora Flo Inglett, and in ordering that he provide her with medical insurance coverage equivalent to that afforded under his present group policy. We affirm the permanent alimony award, but reverse, in part, the order concerning medical insurance.
In the final judgment, the trial court made findings that “the wife, for the reasons reflected by the evidence, is entitled to permanent alimony, and husband is well able to provide the wife with the same.” There is competent and substantial evidence in the record to support this finding by the trial court, and the husband has failed to show that the court abused its discretion in awarding the permanent alimony adjudged. Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980).
In the final judgment, the trial court also found that:
The Wife has had numerous health problems and is in need of medical and hospital insurance. The Husband currently has such coverage on the Wife through his employer, and, the Husband has agreed during the final hearing to maintain such medical and hospitalization coverage on the Wife. (Emphasis added.)
As a result, the court ordered, in paragraph 6 of the judgment:
For so long as Husband is required to pay alimony as set forth in this agreement [sic], he shall maintain such medical and hospital [sic] on his Wife as is presently available to him through his employer. If Husband changes employment or if the medical and hospital coverage is reduced or cancelled, he shall secure the equivalent coverage on the Wife. (Emphasis added.)
The court’s finding, implemented by its order, that the husband agreed to maintain medical and hospitalization coverage on the wife even if his group coverage were changed or cancelled is not supported by the evidence. On the contrary, the husband, when questioned whether he would continue to carry his former wife on the group medical insurance plan maintained through his present employment, answered as follows:
Q. After your divorce, can you carry your wife, your former wife?
A. I have no idea. I have to find out from the insurance company, but I have no intentions of taking her off of it unless, of course, it requires me or the insurance company requires me.
Q. If you can’t maintain her on that policy, do you have any objection to taking out an equivalent with that with someone else to cover her?
A. Me? Yes, I will not do it.
Q. So, if she was dropped from the policy, that amount would go down weekly, the amount for your insurance?
A. It would drop down $18 I believe.
(Emphasis added.)
The transcript clearly reflects that the husband only agreed not to drop his former wife from his present medical insurance policy with his present employer. He was uncertain whether the policy could cover her after the dissolution, and he emphatically refused to agree to obtain equivalent coverage from some other source if his present coverage were reduced or cancelled or if the wife were no longer permitted to be covered. The evidence also indicates that the wifes present employer provides group medical insurance but that the wife had not applied for such insurance. The record did not indicate that the wife would be unable to obtain coverage with her employer. The effect of the trial court’s judgment requiring the husband to “secure the equivalent coverage,” being based upon a supposed agreement by the husband to do so, is not supported by the record. Even though the court could, in its discretion, order the husband to pay a reasonable amount for medical insurance premiums as part of the alimony award, Cyphers v. Cyphers, 373 So. 2d 442, 445 (Fla. 2d DCA 1979), it was error for the court to require the husband to secure equivalent medical coverage without regard to the cost thereof in the absence of his agreement to that effect. Therefore, the final judgment must be modified to delete the last sentence (emphasized above) in paragraph 6 of the judgment.
The evidence indicates that the husband is now paying $18 per month for the medical insurance. Under the court’s continuing jurisdiction, the wife may, should the husband’s present group medical coverage on the wife be cancelled or reduced, reapply to the court for additional alimony to cover her medical insurance premiums and the court may grant the application in such amounts as the court determines to be reasonably appropriate and within the financial means of the husband, having due regard for the present cost of such coverage.
The final judgment is AFFIRMED in part, REVERSED in part, and REMANDED with directions to modify the final judgment in accordance with this opinion.
MILLS and SHIVERS, JJ., concur.
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Miller v. Miller, 466 So. 2d 356 (Fla. 5th DCA 1985)…ncur which are not covered by insurance. It is well established that a trial court, in its discretion, may order a former husband to pay a reasonable amount for medical insurance premiums for the wife as part of an alimony award. Inglett v. Inglett, 439 So. 2d 1389 (Fla. 1st DCA 1983); Cyphers v. Cyphers, 373 So. 2d 442 (Fla. 2d DCA 1979); Blass v. Blass, 316 So. 2d 308 (Fla. 3d DCA 1975). The husband does not argue that he is unable to obtain medical insurance at a reasonable cost, rather he claims that the r…
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Szemborski v. Szemborski, 530 So. 2d 361 (Fla. 5th DCA 1988)…gree with appellant that the trial court erred in failing to set an amount which the former husband must pay for equivalent medical insurance coverage for the former wife. See Miller v. Miller, 466 So. 2d 366 (Fla. 5th DCA 1985); Inglett v. Inglett, 439 So. 2d 1389 (Fla. 1st DCA 1983). Paragraph 22 of the final judgment provides: 22. Health Insurance. The husband shall at his expense provide health insurance coverage for the wife equivalent to the existing health insurance coverage provided by Chalbama, Inc.…
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Irwin Barry Ginsburg v. Ginsburg, 610 So. 2d 655 (Fla. 1st DCA 1992)…a reasonable amount of medical insurance premiums as part of the alimony award, it is error for the court to require that the husband secure medical coverage without setting an amount or lim [*657] itation on that obligation. See Inglett v. Inglett, 439 So. 2d 1389 (Fla. 1st DCA 1983); Szemborski v. Szemborski, 530 So. 2d 361 (Fla. 5th DCA 1988); Young v. Young, 600 So. 2d 1140 (Fla. 5th DCA 1992). The award of health insurance benefits must be reversed. IV. RETIREMENT BENEFITS The value of the retirement ac…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Cooper v. Dade Cnty., 373 So. 2d 442 (Fla. 3d DCA 1979)