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In an alimony case, a trial court may require a paying spouse to maintain life insurance to secure the alimony obligation.  In order for a trial court to require a paying spouse to maintain life insurance, the court must find that the insurance is available, it must state the cost of the policy, and it must determine that the paying spouse has the ability to pay for the insurance.  Finally, in order to require a paying spouse to maintain life insurance to secure an alimony obligation, there must be “special circumstances” that justify the award.  These special circumstances include situations where the recipient spouse would be left in severe financial condition after the death of the paying spouse due to his or her poor health, age, or lack of earning capacity.  Additional alimony special circumstances include a situation where minors are living at home or where the paying spouse has failed to live up to his or her support obligations. Finally, a paying spouse can bind him or herself to purchase life insurance by agreeing to purchase life insurance on the record.

The amount of the insurance required must be commensurate with the amount of the support obligation, and the term of the policy cannot extend beyond the term of the alimony obligation. The obligation to pay life insurance premiums should be taken into account by the trial court in determining the amount of the alimony award. An obligor cannot be ordered to purchase life insurance that contains a savings component. 

Protecting Your Assets During High-Value Divorce Proceedings

When alimony and life insurance requirements come into play, the stakes are often higher for individuals with substantial assets, business interests, or executive compensation packages. At the Lane Law Firm we develop focused legal strategies to manage risk and protect your wealth.

In cases where a life insurance policy is required, we help determine the cost, evaluate available coverage, and present clear arguments about the ability to pay for the policy.

Every situation is different. You can trust us to develop customized legal strategies that support your goals and keep you informed at every step of the way.

Call Now to Discuss Your Legal Options

You deserve a legal team that understands the financial complexity behind alimony and life insurance decisions. Attorney Matthew Lane brings over 35 years of litigation experience to the table, with a strong background in handling the unique challenges associated with high-income divorce cases. No matter if you're being asked to maintain life insurance or if you believe it should be required in your case, we can help you understand your rights and obligations under Florida law.

Don’t risk your financial security or leave your future to chance. Our firm offers premium legal services personalized to clients who expect a high level of precision and care.

To speak with a divorce attorney in Palm Beach County, contact the Lane Law Firm, P.A. at (561) 363-3400.

A frequently asked question during a Florida divorce is, "Who gets the house?" In many divorce cases, the family home holds significant emotional and financial value. For many couples, the home is one of the most valuable assets they have, and determining who gets to keep it can be a complicated process.

Marital Property vs. Non-Marital Property

Florida follows an equitable distribution model when dividing marital property in a divorce. This means that marital property will be divided fairly, but not necessarily equally. The court will consider various factors when determining what constitutes a fair division.

The first step in determining who gets the house is identifying whether it is considered marital or non-marital property. If the house was purchased during the marriage with joint funds, it is typically considered marital property. However, if the house was owned by one spouse prior to the marriage or was a gift or inheritance to one spouse, it could be considered non-marital property.

It’s important to note that even if the house is classified as non-marital property, the court can still take it into account when dividing other assets. For example, if one spouse is awarded the home, the other spouse may receive a larger share of other marital assets to balance out the division.

Factors That Influence the Decision

Several factors can influence who gets to keep the house in a Florida divorce. These include:

1. The children’s best interests: If the couple has children, the court may award the house to the parent who is the primary custodian of the children. This decision is made in an effort to minimize disruption to the children's lives, including their education, social circles, and overall stability.
2. The financial situation of each spouse: The court will consider the financial capacity of each spouse to maintain the house. If one spouse can afford to keep the house and the other cannot, the house may be awarded to the spouse with the financial means to keep it.
3. Equity and value of the house: The court will evaluate the equity in the home, which is the difference between the market value and any outstanding mortgage. If there is significant equity in the home, it could factor into the overall division of assets, and the court may decide who is best positioned to absorb that value.
4. Willingness of both spouses to keep the house: In some cases, both spouses may want to keep the home, and a buyout may be negotiated. This involves one spouse buying out the other’s share of the property so that they can retain full ownership.

Alternatives to Keep the House

In some cases, one spouse may not have the financial means to keep the house, even if they want to. If keeping the home is important to you, it’s recommended to assess your financial capabilities, including your ability to maintain the mortgage, property taxes, and upkeep.

If keeping the house is not financially feasible, the court may decide that selling the home and dividing the proceeds is the best option. This is especially true when neither spouse is financially able to maintain the home on their own.

How We Can Help

At Lane Law Firm, we understand the challenges you face in a Florida divorce, especially when it comes to dividing important assets like the family home. Our experienced attorneys are here to guide you through the process, advocate for your interests, and work towards a fair and equitable solution that reflects your needs.

Relocation cases in Florida can be a challenging and emotionally charged area of family law. If you’re considering relocating with your child after a divorce, or if you are the parent who wishes to contest such a move, understanding the process and the factors involved is crucial. In Florida, the law is clear on what needs to be considered, but the final decision depends on several variables. At Lane Law Firm, we help parents navigate this complex issue, ensuring that the best interests of the child remain at the forefront.

The Basics of Relocation in Florida

Under Florida law, a relocation case typically refers to a parent’s decision to move more than 50 miles away from the other parent’s residence. According to Florida Statute 61.13001, a parent must receive permission from the court or the other parent before relocating with the child. This applies whether the parent has shared or sole custody.

If the other parent objects to the relocation, the parent seeking to move must petition the court and provide valid reasons for the move. The court then evaluates the situation based on several factors that can influence the outcome.

Factors the Court Considers

The court does not automatically grant or deny a relocation request. Instead, Florida judges weigh the following factors to determine if relocation is in the child’s best interests:

1. The Child’s Relationship with Both Parents: Courts generally favor maintaining strong relationships with both parents, especially if the child has an established and healthy bond with both.
2. The Reason for the Move: The parent seeking relocation must provide a compelling reason for moving. This could include better job opportunities, a closer proximity to extended family, or other significant benefits for the child’s well-being.
3. Impact on the Child’s Quality of Life: The court will assess how the move may affect the child’s education, community ties, and emotional well-being. If the move would create significant hardship, it may not be approved.
4. Feasibility of Maintaining a Relationship with the Non-Moving Parent: If the move is approved, the court will consider how the parents will maintain regular contact, such as through a revised parenting plan that allows for ample visitation or communication.
5. Parental Cooperation: The relationship between the parents also plays a crucial role. If the relocating parent has made an effort to work collaboratively with the other parent, that could influence the court’s decision in their favor.

What Are the Odds of Winning a Relocation Case in Florida?

While every case is different, the odds of winning a relocation case in Florida depend heavily on how well these factors are addressed. If you can demonstrate that the move is in the best interest of your child and there is a solid plan to maintain contact with the other parent, your case is likely to have a positive outcome.

That being said, the parent opposing the move can make strong arguments, especially if the relocation would significantly disrupt the child’s relationship with them. This is where it’s important to have an experienced family law attorney on your side who can help you build a compelling case and anticipate potential challenges.

Navigating a Relocation Case in Florida

Many factors come into play, and it’s not simply about distance – it’s about what’s in the best interest of the child. If you are considering relocation or need to contest a move, it’s essential to have legal representation that understands the complexities of Florida’s relocation laws. At Lane Law Firm, we offer experienced counsel to guide you through this challenging process.

One of the most misunderstood aspects of divorce is alimony. Many clients come to us with assumptions about what it is, how it works, or whether they’ll have to pay or receive it. The truth is that alimony in Florida isn’t a one-size-fits-all solution.

At Lane Law Firm, we help our clients understand what kind of support they might be entitled to or required to pay. Whether you’re seeking stability after a long-term marriage or transitioning back into the workforce, it’s important to know which type of alimony might apply to your situation.

Understanding Alimony in Florida

Florida law allows for several forms of alimony, and courts make decisions based on need and ability to pay. The court also considers the length of the marriage, standard of living, financial resources, and each party’s contributions – both financial and non-financial – during the marriage.

Here are the types of alimony currently recognized in Florida:

Temporary Alimony

Temporary alimony is awarded while a divorce case is pending. It’s meant to maintain financial stability until a final order is in place. Once the divorce is finalized, this type of alimony ends.

Bridge-the-Gap Alimony

This short-term support is designed to help one spouse transition from married life to single life. It typically covers identifiable and short-term needs, such as rent deposits or job training. Florida law limits bridge-the-gap alimony to a maximum of two years, and it cannot be modified once awarded.

Rehabilitative Alimony

Rehabilitative alimony is for spouses who need time and support to become self-sufficient, often through education or career development. To be awarded this type of alimony, the requesting spouse must present a clear rehabilitation plan. Courts tend to view this favorably when the plan is specific and realistic.

Durational Alimony

This type of alimony is common in moderate- to long-term marriages where permanent alimony isn’t appropriate. Durational alimony provides support for a set period of time and may be modified under certain conditions, though the length cannot exceed the length of the marriage.

Permanent Alimony (Limited Use)

Although Florida has moved away from awarding permanent alimony as frequently as in the past, it may still apply in certain long-term marriages where the receiving spouse cannot become self-supporting. This could be due to age, disability, or other significant barriers to earning a living.

Choosing the Right Path with Legal Guidance

Determining which type of alimony in Florida applies to your case depends on several personal and financial factors. It’s rarely a straightforward answer, and trying to handle it without experienced legal support can lead to unfair or unsustainable results.

At Lane Law Firm, we take the time to understand your unique situation and advocate for the type of alimony that fits your needs, whether you’re pursuing it or facing a request. Our goal is always to ensure a fair, practical outcome that respects the law and your future stability.

There are four different types of alimony that may be awarded to spouses in Florida during divorce proceedings.

According to the IRS, alimony is a form of payment made from one spouse to another spouse or an ex-spouse in accordance with a divorce or separation agreement. However, more than one type of alimony exists. According to the Florida State Legislature, there are four different forms of alimony, which include bridge-the-gap, rehabilitative, durational and permanent, that may be awarded during divorce proceedings in Florida.

Bridge-the-Gap Alimony

The Florida State Legislature states that bridge-the-gap alimony is designed specifically to provide spouses with needed financial support for a limited period of time. For example, a spouse may receive bridge-the-gap alimony to cover the cost of his or her living expenses while waiting for the marital house to sell. A spouse may not receive this type of alimony for more than two years and once an award amount has been determined, it cannot be modified.

Rehabilitative Alimony

Rehabilitative alimony is specifically designed to help divorced spouses acquire necessary education or training for employment, states the Florida State Legislature. However, in order to receive this type of alimony, a spouse must submit a plan that outlines how much time and money is needed to accomplish his or her goals.

Durational Alimony

This form of alimony may be awarded when other types are not sufficient to meet a spouse’s needs. However, the Florida State Legislature states that the purpose of durational alimony is to provide a divorced or separated spouse with the economic support he or she needs for a certain period of time following a marriage that lasted for a short or moderate period of time. Additionally, durational alimony may be granted after a marriage that lasted for a long period of time, but the spouse does not need financial support on a permanent basis.

Permanent Alimony

When spouses lack the financial ability to meet their needs for the necessities of life after the dissolution of their marriage, permanent alimony may be awarded, states the Florida State Legislature. This type of alimony is usually granted after a marriage of moderate duration dissolves or after a marriage that lasted for a short period of time ends and exceptional circumstances are present. When determining if permanent alimony will be awarded, the court will consider factors like:

• The standard of living established during the marriage
• The age and emotional condition of each spouse
• The financial resources each party possesses

Once the decision to divorce is made, spouses in Florida may become extremely concerned about how their finances will be affected by ending their marriage. If you and your spouse are contemplating divorce, speak with an attorney in your area to find out what type of alimony may be awarded to you.