Thursday, December 13, 2012

First DCA Reverses Life Insurance Award

The First District Court of Appeal ruled Monday in Therriault v. Therriault, first affirming the lower court’s award of permanent alimony despite the “moderate” term of the marriage.  However, the First District was compelled to reverse the award of life insurance as security for that alimony in that the lower court failed to make the requisite findings regarding availability and cost of the insurance, ability to pay by the former husband, and the special circumstances warranting security for the support award, such as a spouse in poor health, one in arrears, or the like.

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