Case Law updates 12.29.12

Subject: Case Law Update for 12.17.12
There was only one published case from the DCA’s this week, but a good one. In Therriault v. Therriault, a First DCA case published in 37 FLW D2811a, the parties had been married for nearly 16 years. The Husband appealed the award of permanent periodic alimony on the grounds that pursuant to the Legislative change that went into effect on July 1, 2011, the court failed to make the requisite finding now required under 61.08(8). The now requisite finding that must be made in awarding permanent alimony is that no other form of alimony is fair or reasonable under the circumstances of the parties. No such finding had been made. However, because the Final Judgment had been entered prior to 7/1/11, the date of the legislative amendment to section 61.08(8), the trial court was not required to make the now-requisite finding. Therefore, there was no abuse of discretion in awarding same. The court did find an abuse of discretion in ordering the Husband to maintain $500K in life insurance with the Wife as irrevocable beneficiary without making specific evidentiary findings as to the availability and cost, the Husband’s ability to pay and the special circumstances warranting such security. This issue was remanded for further consideration. The new legislative version of 61.08(8) is copied below.
(8) Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage. Permanent alimony may be awarded following a marriage of long duration if such an award is appropriate upon consideration of the factors set forth in subsection (2), following a marriage of moderate duration if such an award is appropriate based upon clear and convincing evidence after consideration of the factors set forth in subsection (2), or following a marriage of short duration if there are written findings of exceptional circumstances. In awarding permanent alimony, the court shall include a finding that no other form of alimony is fair and reasonable under the circumstances of the parties. An award of permanent alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award may be modified or terminated based upon a substantial change in circumstances or upon the existence of a supportive relationship in accordance with s. 61.14.