Opinion
No. 1D05-454.
September 8, 2005.
An appeal from an order from the circuit court for Okaloosa County. Jere Tolton, Judge.
Karen Powell Ward and Eva Barsoum of the Law Office of Karen Powell Ward, Destin, Attorney for Appellant.
Georgia Thomas, Fort Walton Beach, Attorney for Appellee.
We have for review Former Husband's appeal of an equitable distribution and award of rehabilitative alimony. The trial court directed Former Husband to obtain a life insurance policy to secure payment of the rehabilitative alimony. We affirm the distribution and award of rehabilitative alimony, but reverse the trial court's requirement of life insurance.
Special circumstances may require a spouse to purchase life insurance to secure the payment of alimony. Cozier v. Cozier, 819 So.2d 834 (Fla. 2d DCA 2002). However, before a court can require a party to carry such insurance, it must make findings regarding its necessity. Schoditsch v. Schoditsch, 888 So.2d 709 (Fla. 1st DCA 2004). In making these findings, the trial court should consider the cost and availability of such a requirement. Id. Here, the trial court failed to make these required findings in its order. See Stalnaker v. Stalnaker, 892 So.2d 561, 563 (Fla. 1st DCA 2005). Therefore, we reverse and remand for the trial court to make the proper findings, based upon the evidence presented.
REVERSED and REMANDED.
WOLF and HAWKES JJ., concur.