ALAN SOBELMAN, APPELLANT/CROSS-APPELLEE,
v.
GOLDIE SOBELMAN, APPELLEE/CROSS-APPELLANT
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In this dissolution case, the Florida appellate court reversed the trial court's order requiring the husband to maintain life insurance for the wife's benefit, finding the record ambiguous about whether the policy was intended as lump sum alimony or as security for other alimony. The court upheld the attorney's fee award but remanded the insurance requirement for clarification.
The court held that while life insurance requirements are no longer per se invalid—either as lump sum alimony under prior case law or as security for alimony under newly effective statutory authority—the trial court's order was improper because the record did not clarify which basis applied. The attorney's fee award was upheld as within the trial court's discretion, and the property division and college education decision were affirmed.
[1] A trial court cannot impose a requirement for a spouse to maintain life insurance for the other spouse's benefit in a dissolution judgment if the marriage partner has not…
[2] Life insurance may be awarded as lump sum alimony or as an asset subject to equitable distribution in a dissolution action.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A husband's obligation to pay alimony terminates with his death.”
Establishes the foundational principle that alimony is personal to the obligor and does not survive death.
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Join FLexlaw to unlock all legal intelligenceAlan and Goldie Sobelman divorced after a trial on the merits. The trial court awarded the wife alimony and ordered the husband to maintain a $200,000…
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FRANK, Acting Chief Judge.
The husband, Alan Sobelman, appeals from the final judgment and the amended final judgment in this dissolution action, contending that the trial court erred in awarding the wife’s attorney a fee and in requiring the maintenance of an insurance policy for the wife’s benefit. The wife, on cross-appeal, challenges the award of one-half interest in the marital home to the husband and the court’s failure to order the husband to pay his children’s college education expenses. We have considered all issues presented by the parties and find that the trial court acted within its discretion save for the insurance policy requirement.
A husband’s obligation to pay alimony terminates with his death. O’Malley v. Pan American Bank, 384 So. 2d 1258 (Fla. 1980). We have held that if a marriage partner has not agreed to maintain life insurance for his spouse’s benefit, a trial court cannot impose that requirement in the dissolution judgment. See Mahan v. Mahan, 415 So. 2d 146 (Fla. 2d DCA), review denied, 424 So. 2d 762 (Fla.1982). Given this stricture, the trial court’s award of life insurance to the wife is of doubtful validity.
Our court has carved out an exception to the general rule, however, in the instance where life insurance is intended as lump sum alimony with premium payments to be permanent periodic alimony. McClung v. McClung, 465 So. 2d 637 (Fla. 2d DCA 1985); Noe v. Noe, 431 So. 2d 657 (Fla. 2d DCA 1983); Stith v. Stith, 384 So. 2d 317 (Fla. 2d DCA 1980). In McClung and Stith, the life insurance policies were simply considered an asset of the marriage subject to equitable distribution in the form of lump sum alimony. In each case, the husband was required to transfer ownership of the policy to the wife and to denominate her the beneficiary. Moreover, the McClung and Stith records disclosed spousal income sufficient to pay the premiums as additional periodic alimony. The obligation, however, was to terminate should the wife either remarry or predecease the husband. In this case the court ordered the husband “to maintain” life insurance in the face amount of $200,000.00, but we cannot divine from the record whether such a policy was an asset of the marriage or whether the court intended the husband to purchase a policy.
In addition to the circumstances described in McClung and its predecessors, the award of a life insurance policy is now permitted by statute. On January 1, 1985, before the rendition of the judgments in this case, section 61.08(3), Florida Statutes, became effective, providing that:
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.
The amended statute, in our view, does not affect the prohibition against ordering a spouse to maintain life insurance as a form of post mortem alimony; rather, it contemplates a factual setting in which there exists a need for security or protection of the award to the other spouse.
Although, as we have discussed above, the requirement to maintain life insurance is no longer invalid per se, we cannot discern from the record before us whether the court, having characterized the award as “additional permanent alimony,” intended the life insurance policy in itself to be lump sum alimony e.g., McClung, or as security for other alimony awarded to the wife, section 61.08(3), Florida Statutes.
Our only recourse, therefore, is to remand this matter with direction to strike the life insurance aspect of the final judgment or to amend the judgment so that the life insurance award is proper under either the statutory provision or the pertinent de-cisional law.
HALL and SANDERLIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Goldie Sobelman v. Sobelman, 541 So. 2d 1153 (Fla. 1989)…alimony award. The husband appealed this provision of the order, which the Second District Court ordered struck “so that the life insurance award is proper under either the statutory provision or the pertinent deci-sional law.” Sobelman v. Sobelman, 490 So. 2d 225, 226 (Fla. 2d DCA 1986). On remand, the trial court reinstated the life insurance requirement. The husband again appealed the judgment, and the district court held that although an obligor can be ordered to purchase life insurance to secure his or h…
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Longo v. Longo, 533 So. 2d 791 (Fla. 4th DCA 1988)…d that these statutes do not abrogate the settled rules against post-mortem alimony and child support. See Sobelman v. Sobelman, 516 So. 2d 7 (Fla. 2d DCA 1987) (Sobelman II); Dwyer v. Dwyer, 513 So. 2d 1325 (Fla. 2d DCA 1987); Sobelman v. Sobelman, 490 So. 2d 225 (Fla. 2d DCA 1986) (,Sobelman I). By necessary implication both the third and fifth districts have adopted a similar interpretation. See Turner v. Turner, 507 So. 2d 170 (Fla. 5th DCA 1987); Cantrell v. Home Life Insurance Co., 524 So. 2d 1063 (Fla.…
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Dwyer v. Dwyer, 513 So. 2d 1325 (Fla. 2d DCA 1987)…As to the third contention, the parties concede, and we agree, that the trial court erred in requiring the husband to maintain a life insurance policy with the wife as the primary beneficiary until she reaches age sixty-five. Sobelman v. Sobelman, 490 So. 2d 225 (Fla. 2d DCA 1986); Mahan v. Mahan, 415 So. 2d 146 (Fla. 2d DCA), rev. denied, 424 So. 2d 762 (Fla.1982). The husband’s obligation to pay alimony terminates with his death. See O’Malley v. Pan American Bank, 384 So. 2d 1258 (Fla.1980). The wife cont…
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
- Iva C. O'Malley v. PAN Am. Bank OF Orlando, 384 So. 2d 1258 (Fla. 1980)
- Stith v. Stith, 384 So. 2d 317 (Fla. 2d DCA 1980)
- NOE v. NOE, 431 So. 2d 657 (Fla. 2d DCA 1983)
- McCLUNG v. McCLUNG, 465 So. 2d 637 (Fla. 2d DCA 1985)
- Mahan v. Mahan, 415 So. 2d 146 (Fla. 2d DCA 1982)