Can a judge order a person to get life insurance to protect alimony?

In 2010, the Court found in Child v. Child, 34 So.3d 159 that the Husband can't be required to get life insurance to secure alimony without evidence as to the cost, amount and availability.  The Husband was a self-employed marine electronic technician with a reported gross monthly income of $1,759. Although the Husband was unable to testify as to the number of hours he worked per week, he admitted that if he worked 2 hours per day, 5 days per week, he could make $850 per week. The evidence showed that during the pendency of the divorce, the Husband paid the mortgage and expenses for the wife and children; he also paid credit card bills and children's expenses.

            As to the requirement that the Husband obtain life insurance to secure the alimony and child support awards, the District Court held:

          1. "It is within the trial court's authority to order the husband to provide term life insurance to protect the child support and alimony payments. In determining whether to secure support awards, the trial court should consider the need for such insurance, the costs and availability of such insurance, and the financial impact upon the obligor."

2. "Absent special circumstances, however, the trial court may not impose such requirement…. Such special circumstances include a spouse potentially left in dire financial straits after the death of the obligor spouse due to ill health and/or lack of employment skills, minors living at home, and supported spouse with limited earning capacity."

3. "Here, the record clearly indicates the requisite circumstances to support imposition of this requirement, including minor children residing in the home, the wife's disability, her diminished earning capacity, and her dependence on the husband for financial support."

4. "We agree, however, that this requirement may not stand absent evidence or findings as to the cost, amount, or availability of such insurance." 

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