ANNETTE Y. MILLER, APPELLANT/CROSS-APPELLEE,
v.
CLAUDE W. MILLER, APPELLEE/CROSS-APPELLANT
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The court held that while a former husband may be ordered to pay for a wife's medical insurance, unlimited liability for uncovered medical and dental costs is error.
The wife appealed a final judgment of dissolution of marriage. The husband cross-appealed the award of permanent alimony and the requirement that he p…
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FRANK D. UPCHURCH, Jr., Judge.
The wife appeals from a final judgment of dissolution of marriage which distributed the parties’ property and awarded her permanent alimony. The husband cross appeals.
With the exception of the insurance question discussed below, we do not find the court abused its discretion. Kuvin v. Kuvin, 442 So. 2d 203 (Fla.1983); Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980).
Under the judgment, the husband must pay for his wife’s medical insurance and for medical and dental costs she may incur 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 requirement that he pay all of the wife’s medical and dental costs not covered by insurance and regardless of amount, is error since one extended illness could wipe him out financially. We agree and remand to the trial court to determine his maximum liability in this regard. Jordan v. Jordan, 389 So. 2d 1258 (Fla. 1st DCA 1980). See generally, Thompson v. Thompson, 325 So. 2d 480 (Fla. 4th DCA 1976).
AFFIRMED in part and REVERSED and REMANDED in part.
ORFINGER and SHARP, JJ., concur.
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Cited By (16 total)
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Kremer v. Kremer, 595 So. 2d 214 (Fla. 2d DCA 1992)…a. 2d DCA 1991). No such limitations were provided for here. See also Perez v. Perez, 539 So. 2d 1178 (Fla. 1st DCA 1989); Jones v. Jones, 493 So. 2d 19 (Fla. 5th DCA 1986); Richards v. Richards, ill So. 2d 620 (Fla. 5th DCA 1985); Miller v. Miller, 466 So. 2d 356 (Fla. 5th DCA 1985). But see Blythe v. Blythe, 592 So. 2d 353 (Fla. 4th DCA 1992). Contra Brandenburg v. Brandenburg, 550 So. 2d 565 (Fla. 4th DCA 1989). The husband, citing Weisfeld v. We-isfeld, 545 So. 2d 1341 (Fla.1989), also contends that the…
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Armstrong v. Faye Armstrong, 623 So. 2d 1216 (Fla. 4th DCA 1993)…ed financial liability. See e.g., Holtan v. Holtan, 528 So. 2d 79 (Fla. 2d DCA1988), Angle v. Angle, 506 So. 2d 16 (Fla. 2d DCA1987), and Jones v. Jones, 493 So. 2d 19 (Fla. 5th DCA1986). In Brandenburg, we also noted conflict with Miller v. Miller, 466 So. 2d 356 (Fla. 5th DCA1985); Richards v. Richards, 477 So. 2d 620 (Fla. 5th DCA1985); Jones v. Jones, 493 So. 2d 19 (Fla. 5th DCA1986).…
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Richards v. Richards, 477 So. 2d 620 (Fla. 5th DCA 1985)…s medical expenses not provided by Medicare or Medicaid. The husband argues that this requirement is in error, since an extended illness could wipe him out financially. This issue was discussed in the recent case from this court of Miller v. Miller, 466 So. 2d 356 (Fla. 5th DCA 1985). In Miller, the husband was required to pay for all medical and dental costs incurred not covered by insurance. This court held: ... It is well established that a trial court, in its discretion, may order a former husband to pa…
Previewing 3 of 16 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)
- Kuvin v. Kuvin, 442 So. 2d 203 (Fla. 1983)
- Blass v. Blass, 316 So. 2d 308 (Fla. 3d DCA 1975)
- Cooper v. Dade Cnty., 373 So. 2d 442 (Fla. 3d DCA 1979)
- Witten v. The Charter OAK Fire Ins. Co., 325 So. 2d 480 (Fla. 3d DCA 1976)
- Jordan v. Jordan, 389 So. 2d 1258 (Fla. 1st DCA 1980)
- Baptist Hosp. OF Miami & Corporate Grp. Serv. v. Porter, 439 So. 2d 1389 (Fla. 1st DCA 1983)
- Inglett v. Inglett, 439 So. 2d 1389 (Fla. 1st DCA 1983)