From Casetext: Smarter Legal Research

Murphy v. Murphy

District Court of Appeal of Florida, First District.
Mar 16, 2022
335 So. 3d 224 (Fla. Dist. Ct. App. 2022)

Opinion

No. 1D21-1691

03-16-2022

Charles Richard MURPHY, Appellant, v. Tina Michelle MURPHY, Appellee.

Casey P. Waterhouse of Waterhouse Law Firm, P.A., Shalimar, for Appellant. Clark H. Henderson, Shalimar, for Appellee.


Casey P. Waterhouse of Waterhouse Law Firm, P.A., Shalimar, for Appellant.

Clark H. Henderson, Shalimar, for Appellee.

Per Curiam.

Appellant, the former husband, appeals the final judgment of dissolution of marriage on several grounds, only one of which we find has merit. The trial court ordered that the former husband's alimony obligation be secured by a life insurance policy, pursuant to section 61.08(3), Florida Statutes (2019). The court found that the former husband already had a life insurance policy in effect and that he could pay the premiums, as reported on his financial affidavit.

However, the trial court did not make a specific finding that the $200,000.00 policy ordered was related to the extent of the alimony obligation and did not find "special circumstances that warrant such security." Kotlarz v. Kotlarz , 21 So. 3d 892, 893 (Fla. 1st DCA 2009) ; see also Fleming v. Fleming , 279 So. 3d 763, 765 (Fla. 1st DCA 2019). As a result, the requirement in the final judgment that the former husband maintain a $200,000.00 life insurance policy to secure the alimony award is reversed and remanded for further proceedings on this issue only. In all other respects, the final judgment of dissolution of marriage is affirmed.

AFFIRMED in part, REVERSED in part, and REMANDED .

Makar, Bilbrey, and Kelsey, JJ., concur.


Summaries of

Murphy v. Murphy

District Court of Appeal of Florida, First District.
Mar 16, 2022
335 So. 3d 224 (Fla. Dist. Ct. App. 2022)
Case details for

Murphy v. Murphy

Case Details

Full title:Charles Richard MURPHY, Appellant, v. Tina Michelle MURPHY, Appellee.

Court:District Court of Appeal of Florida, First District.

Date published: Mar 16, 2022

Citations

335 So. 3d 224 (Fla. Dist. Ct. App. 2022)