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818 So. 2d 557

Docket No. 2D01-837.

Pinion v. Pinion

Charles M. PINION, Appellant, v. Barbara J. PINION, Appellee.

District Court of Appeal of Florida

Decided January 25, 2002.

Rehearing Denied March 13, 2002.

This page is marked noindex.

District Court of Appeal of Florida · decided 2002-01-25

Cited by 13 later decisions — most recently May 2019

13 state decisions

Key passage — most relied on by later courts

“In the absence of special circumstances, a spouse cannot be required to maintain life insurance for the purposes of securing alimony obligations.”

quoted by 4 later decisions, including STACEY WALKER v. KRISTI WALKER, Ruberg v. Ruberg

Relies on 382 So. 2d 1197 - Canakaris v. Canakaris · 745 So. 2d 987 - Kearley v. Kearley · 745 So. 2d 549 - Moorehead v. Moorehead

Good law ✅— No negative treatment on recordhow we know

Decided 2002-01-25

View the full empirical analysis of this case →

¶1Joseph C. Hood, Tampa; and Donna S. Koch, Tampa, for Appellant.

¶2Jose C. Gonzalez of Gonzalez & Weed, P.A., Tampa, for Appellee.

¶3BLUE, Chief Judge.

¶4Charles M. Pinion, the former husband, appeals from a final judgment of dissolution of marriage, arguing that the trial court committed numerous errors in its equitable distribution of the parties' assets, the award of permanent periodic alimony, the award of lump sum alimony, and the requirement that Mr. Pinion maintain life insurance. We affirm on all issues except for the requirement that Mr. Pinion maintain life insurance to secure the alimony obligation, which we reverse.

¶5The parties had been married for thirty-two years at the time of the divorce. Their two children are now adults. The marriage's lifestyle was supported by a family business. We find no abuse of discretion in the equitable distribution and alimony awards. See Canakaris v. Canakaris,382 So.2d 1197 (Fla.1980). While this court may not have made the same decisions, neither are we able to state that the trial court abused its discretion in the decisions it made.

¶6We do find error, however, in the trial court's requirement that Mr. Pinion maintain his life insurance policy on behalf of Barbara J. Pinion, the former wife. In the absence of special circumstances, a spouse cannot be required to maintain life insurance for the purposes of securing alimony obligations. See Kearley v. Kearley,745 So.2d 987, 989 (Fla. 2d DCA 1999) (Altenbernd, J., concurring); Moorehead v. Moorehead,745 So.2d 549, 552 (Fla. 4th DCA 1999). No special circumstances are present in this case.

¶7Affirmed in part, reversed in part.

¶8CASANUEVA and SALCINES, JJ., Concur.

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