MARVIN SCHERE, APPELLANT,
v.
RHODA SCHERE, APPELLEE
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The court held that the trial court erred in ordering security for alimony without considering the cost and financial impact on the payor spouse.
The husband appealed a final judgment of dissolution of marriage, challenging various aspects of the award, including security for alimony.…
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PER CURIAM.
Appellant, Marvin Schere (husband), appeals a final judgment of dissolution of marriage. We affirm in part, and reverse in part.
We find that the trial court acted within its discretion in awarding appellee, Rhoda Schere (wife), a special equity, permanent periodic alimony, and attorney’s fees. See Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980). We also affirm the trial court’s finding that the wife is in need of security to protect the alimony award. See Sobelman v. Sobelman, 541 So. 2d 1153 (Fla.1989).
However, we find that the trial court erred in ordering the husband to purchase a life insurance policy or an annuity as security for alimony, without considering the cost and financial impact on the husband. See Sobelman, 541 So. 2d at 1154 n. 2; Loman v. Loman, 633 So. 2d 106 (Fla. 2d DCA 1994); Kremer v. Kremer, 595 So. 2d 214 (Fla. 2d DCA 1992). Accordingly, we remand for the trial court to make that determination, and affirm the judgment in all other respects.
Affirmed in part, reversed and remanded in part.
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O'Connor v. O'Connor, 782 So. 2d 502 (Fla. 2d DCA 2001)…alimony obligation. The court may impose such a requirement in appropriate circumstances. Sobelman v. Sobelman, 541 So. 2d 1153 (Fla.1989). However, in so doing, the court must consider the cost and financial impact on the husband. Schere v. Schere, 645 So. 2d 21 (Fla. 3d DCA 1994). Here, the trial judge erred in failing to consider these factors. Accordingly, we reverse the amount of the permanent alimony award and the requirement that the husband provide life insurance and security for the payment of alim…
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Sasnett v. Odell O. Sasnett, 679 So. 2d 1265 (Fla. 2d DCA 1996)…light of the fact that most of his property is unencumbered. Of course, the cost of such life insurance or other arrangement to secure the alimony award must be factored into the equitable distribution and alimony scheme. Sobelman; Schere v. Schere, 645 So. 2d 21 (Fla. 3d DCA 1994). We, therefore, reverse and remand for further proceedings to address the final judgment’s equitable distribution scheme, the alimony award and the denial of any form of security to secure the alimony award. Upon remand, the lowe…
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Rykiel v. Rykiel, 795 So. 2d 90 (Fla. 5th DCA 2000)…d in ordering the former husband to provide a life insurance policy for the benefit of the former wife without evidence of the cost, availability and financial impact upon the payor spouse, which is a prerequisite to such an award. Schere v. Schere, 645 So. 2d 21 (Fla. 3d DCA 1994); Zimmerman v. Zimmerman, 755 So. 2d 730 (Fla. 1st DCA 2000); Hicks v. Hicks, 654 So. 2d 654 (Fla. 5th DCA 1995). REVERSED AND REMANDED for a new trial. PETERSON, J., and POWELL, R. W., Associate Judge, concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Goldie Sobelman v. Sobelman, 541 So. 2d 1153 (Fla. 1989)
- Kremer v. Kremer, 595 So. 2d 214 (Fla. 2d DCA 1992)
- Billups v. State, 633 So. 2d 106 (Fla. 2d DCA 1994)
- Lorman v. Lorman, 633 So. 2d 106 (Fla. 2d DCA 1994)