When one spouse will pay alimony or child support, the other spouse carries a risk: if the paying spouse dies, the payments stop. Florida courts can require life insurance to protect those payments, and many settlement agreements include it. This page shows how much coverage the obligation represents and how to set up the policy so it does its job.
What Florida law allows
- Alimony: to the extent necessary to protect an award of alimony, the court may order the paying spouse to buy or keep a life insurance policy or a bond. The court must find special circumstances that warrant it (Fla. Stat. 61.08).
- Child support: to the extent necessary to protect an award of child support, the court may order life insurance, a bond or other security (Fla. Stat. 61.13(1)(c)). Child support generally ends at 18, or up to 19 while the child is still in high school and expected to graduate.
- How long alimony lasts: Florida law provides bridge-the-gap alimony (up to 2 years), rehabilitative alimony (up to 5 years) and durational alimony capped at 50%, 60% or 75% of the length of the marriage for short, moderate and long marriages. The statute no longer provides for permanent alimony.
This is general information, not legal advice. Your attorney decides what to request and how the agreement is worded.
How much coverage the obligation represents
Obligation to secure
| Remaining alimony | |
|---|---|
| Remaining child support | |
| Total remaining obligation | |
| Value today (discounted at the rate above) |
Coverage options to quote
| One policy | |
|---|---|
| Two policies (ladder) |
How the obligation declines
Ways to structure the coverage
One level-term policy for the full amount and the longest obligation is the simplest to write into a settlement.
Two smaller policies (one ending when the shorter obligation ends) can cost less because coverage drops as the obligation drops.
Settlements often make the receiving spouse the owner or an irrevocable beneficiary, so the policy cannot be changed or allowed to lapse without notice. Your attorney decides the terms; we get the coverage approved before the final hearing.
Under Florida law the court may order life insurance to secure alimony (Fla. Stat. 61.08, which requires findings of special circumstances) or child support (Fla. Stat. 61.13(1)(c)), to the extent necessary to protect the award. Child support generally ends at 18, or up to 19 while the child is still in high school. The total is not discounted; the value today discounts each monthly payment at the rate you enter. Policy options round amounts up to the next $25,000 and terms up to the next common term length (10, 15, 20, 25 or 30 years). They ignore changes to the award. This is not legal advice.
Setting up the policy
- Amount and term: match the coverage to the remaining obligation and the longest payment period. Because the obligation shrinks every year, two smaller policies with different terms can cost less than one large policy.
- Ownership and beneficiary: agreements often make the receiving spouse the owner, or name them as an irrevocable beneficiary, so the policy cannot be changed or allowed to lapse without notice.
- Proof of coverage: the agreement can require the paying spouse to show each year that the policy is in force.
Start before the agreement is signed
Life insurance underwriting takes weeks, and the paying spouse’s health decides the price. If an agreement requires coverage the paying spouse cannot get at a reasonable price, it may have to be renegotiated. Starting the application during negotiation or mediation avoids that surprise.
Frequently asked questions
Who pays the premium?
Usually the paying spouse, but the settlement decides. The receiving spouse can also buy and own a policy on the paying spouse with their consent.
What if the paying spouse cannot qualify?
We compare multiple carriers, including ones that accept some health conditions. If coverage is not available, the attorneys can look at other security the law allows, such as a bond or other assets.
Are you working with my attorney?
We work alongside both spouses’ attorneys and mediators. See our page for family law attorneys and mediators.
We are an independent agency and compare coverage across multiple carriers, in English and Spanish. Request a settlement coverage quote.
Contact Lifeworth Insurance
Lifeworth Insurance Agency
2881 E Oakland Park Blvd, Fort Lauderdale, FL 33306
(954) 834-5433 · contact@lifeworthinsurance.com