Can alimony payments be protected through life insurance?

The court is granted the authority in F.S. 61.08 (3) to order any party required to pay alimony “to purchase or maintain a life insurance policy… to otherwise secure such alimony award.” Although alimony payments are supposed stop at the time of either spouse’s death, the court has ruled that life insurance income does not qualify as postmortem alimony since the payments are made by an insurance company rather than the deceased party’s estate. In practice, the courts have used much discretion in ordering life insurance. Life insurance orders are typically not given unless the receiving party requests his/her alimony award to be secured, can provide evidence that such security is needed, and said security is within the financial abilities of the payer.

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