Divorce forces you to reconsider every financial arrangement you have, including life insurance. Florida has specific rules governing life insurance during and after divorce. This article explores what Florida law requires, what Florida courts can order, and what steps you, a Florida divorce litigant should take to protect yourself and your family.
Life insurance is insurance against a person’s life that pays out money upon the death of the person. People typically purchase life insurance to support their family if they can no longer support their family due to dealth.
What happens if you get divorced? You probably no longer want your spouse to benefit from your death. If you have children, you definitely want your children to be the beneficiaries of a life insurance policy. Does your spouse have to get that money to support the children?
It all depends. If you already have life insurance, a Florida court has the power to decide who will be the beneficiaries of that policy.
“[A] governing instrument expressly provides that benefits will be payable to the decedent’s former spouse.” Fla. Stat. Ann. §732.703 (4) (b) (West 2023).
“[The trial court’s orders] effectively made Mrs. Denson the beneficiary of Mr. Denson’s life insurance policy…” Diez v. Denson, 719 So. 2d 1206, 1208 (Fla. Dist. Ct. App. 1998).
In Florida, life insurance benefits do not automatically get awarded to the ex-spouse upon the moment of divorce (this is different than most states). Changing your life insurance beneficiary after a Florida divorce is necessary for ERISA life insurance policies and recommended for non-ERISA life insurance policies.
However, a divorce decree that names the spouse as beneficiary will apply even if the party never got around to switching beneficiaries. Diez v. Denson, 719 So. 2d 1206, 1207 (Fla. Dist. Ct. App. 1998).
Under the Florida automatic revocation statute, life insurance automatically drops an ex-spouse as a beneficiary after divorce.y
“A designation made by or on behalf of the decedent providing for the payment or transfer at death of an interest in asset to or for the benefit of the decedent’s former spouse is void as of the time the decedent’s marriage was judicially dissolved or declared invalid by court order prior to the decedent’s death, if the designation was made prior to the dissolution or the court order.” Fla. Stat. Ann. §732.703 (2) (West 2023).
However, there are exceptions:
“(a) to the extend that federal law provides otherwise
(b) if the governing instrument is signed by the decedent…after the order of dissolution or order declaring the marriage invalid and such governing instrument expressly provides that benefits will be payable to the decedent’s former spouse;
(c) to the extent a will or trust governs the disposition of the assets
(d) if the order of dissolution or order declaring the marriage invalid requires that the decedent acquire or maintain the asset for the benefit of a former spouse or children of the marriage, payable upon the death of the decedent either outright or in trust…
(i) if the decedent remarries the person whose interest would otherwise have been revoked under this section and the decedent and that person are married to one another at the time of the decedent’s death.” Fla. Stat. Ann. §732.703 (4) (b, c, d, i) (West 2023).
If your life insurance is through your work, your life insurance is likely governed by the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 832, 29 U.S.C. §1001 et seq. If this is the case, your life insurance beneficiary is NOT automatically no longer your husband or wife upon divorce. You have to change the beneficiary manually or your husband or wife will still be able to collect on your life insurance as a beneficiary. Egelhoff v. Egelhoff ex rel. Breiner, 532 U.S. 141 (2001).
Life Insurance and Alimony In Florida
The court may only order life insurance to protect alimony under specific circumstances.
“To the extent necessary to protect an award of alimony, the court may order the obligor to purchase or maintain a life insurance policy or bond, or to otherwise secure such alimony award with any other assets that may be suitable for that purpose. The court must make specific findings that there are special circumstances that warrant the purchase or maintenance of a life insurance policy or bond to secure the alimony award. If the court orders a party to purchase or maintain a life insurance policy or bond, the court may apportion the costs of such insurance or bond to either or both parties based upon a determination of the ability of the oblige and obligor to pay such costs.” Fla. Stat. Ann. §61.08 (4) (West 2023).
“[I]n the absence of special circumstances, a spouse cannot be required to maintain life insurance for the purpose of securing an alimony obligation.” Solomon v. Solomon, 861 So. 2d 1218, 1221 (Fla. Dist. Ct. App. 2003).
These circumstances must demonstrate an actual need to protect the alimony payments, such as if an ex-spouse would be left in a dire financial situation upon the death of the payor spouse. Courts will consider several factors, including if the payee spouse is disabled, elderly, or has limited employment skills. Sweeny v. Sweeny, 113 So. 3d 987, 989-989 (Fla. Dist. Ct. App. 2013). This is particularly relevant in Southwest Florida (where I practice) where retirement-age gray divorces are common.
On the other hand, courts will also consider the payor spouse’s ability to afford the policy and whether the policy should be paid in part or full to the payee spouse. Sweeny v. Sweeny, 113 So. 3d 987, 989-989 (Fla. Dist. Ct. App. 2013).
This ordered life insurance policy will effectively guarantee the alimony for the receiver if the payor dies prematurely before the alimony is terminated.
The amount of life insurance ordered should only be to cover the amount of alimony or other support that would have been paid if the obligor lived their expected natural life.
“’[T]he amount of insurance must be related to the extent of the obligation being secured.’ A trial court errs if it orders a former spouse to purchase or maintain a life insurance policy that exceeds the support obligation.” Woodlief v. Woodlief, 415 So. 3d 1208, 1211 (Fla. Dist. Ct. App. 2025); quoting Foster v. Foster, 83 So. 3d 747, 748-749 ( Fla. 5th DCA 2011).
The death of the payor usually terminates alimony, but if there is a life insurance policy, alimony may still be paid from the dead ex-spouse’s life insurance.
“[Alimony] terminates upon the death of either party or upon the remarriage of the obligee.” Fla. Stat. Ann. §61.08(8)(a) (West 2023).
A Florida divorce court can even order that an asset be put in a will or a trust for the benefit of the surviving alimony-receiving spouse.
“[T]he order of dissolution or order declaring the marriage invalid requires that the decedent acquire or maintain the asset for the benefit of a former spouse or children of the marriage, payable upon the death of the decedent either outright or in trust…” Fla. Stat. Ann. §732.703 (4)(b) (West 2023).
Conversely, the point of life insurance is to guarantee alimony should the party die and be unable to pay the alimony owed. If the party dies, alimony is terminated. Life insurance should only pay for any alimony owed before the death of the party. Zargari v. Zargari, 416 So. 3d 1172, 1176 (Fla. Dist. Ct. App. 2025).
Life Insurance and Child Support in Florida
Life insurance can be ordered by a Florida divorce or parentage court to guarantee a child support order.
“To the extent necessary to protect an award of child support, the court may order the obligor to purchase or maintain a life insurance policy or a bond…” Fla. Stat. Ann. §61.13 (7)(c) (West 2023).
In determining the cost of the life insurance, courts have discretion to choose the amount. They will consider what is reasonable in relation to the child support awarded. For example, in Eckert v. Eckert, the court stated that a two-million-dollar life insurance policy “far exceed[ed] the amount of child support awarded, or even the cost of additional ‘needs’ of the child.” Eckert v. Eckert, 107 So. 3d 1235, 1239 (Fla. Dist. Ct. App. 2013).
The life insurance ordered must be reasonable. The courts want the child to be properly provided for, but the cost of the life insurance must be related to the award of child support. Exorbitant life insurance orders will not be upheld.
Some people are so wealthy (or will receive an inheritance of some kind) that they don’t need life insurance (especially common in Naples, Florida). Their estate can take care of the children without a life insurance policy.
“To the extent necessary to protect an award of child support, the court may order the obligor to purchase or maintain a life insurance policy or bond, or to otherwise secure the child support award with any other assets which may be suitable for that purpose.” Fla. Stat. Ann. §61.13 (7)(c) (West 2023).
Courts can order all sorts of things in the best interest of a child. A Florida court is likely to order that life insurance be purchased especially if the child is young and the parent’s health is poor or the parent has limited employment skills.
How Long Does The Obligation To Maintain Life Insurance After A Florida Divorce Last?
The point of life insurance is to ensure support for a child for a particular purpose. Florida divorce courts can only order life insurance to be maintained for the length of the support it was designed to guarantee.
An order for life insurance to secure child support will terminate when the child reaches the age of majority. Trager v. Trager, 541 So. 2d 148, 149 (Fla. Dist. Ct. App. 1989).
“[C]hild support terminate[s] on a child’s 18th birthday unless the court finds or previously found that the minor child, or the child who is dependent in fact and between the ages of 18 and 19, is still in high school and is performing in good faith with a reasonable expectation of graduation before he or she reaches the age of 19, or the continued support is otherwise agreed to by the parties.” Fla. Stat. Ann. §61.13 (1)(a) (West 2023).
Parties can agree at the dissolution of their marriage to continue child support to fund college. If included in the judgment, this is enforceable. Gersten v. Gersten, 281 So. 2d 607, 609 (Fla. Dist. Ct. App. 1973), abrogated by Gibson v. Bennett, 561 So. 2d 565 (Fla. 1990).
Life insurance policies should not be ordered to be maintained longer than the obligation.
The exception is that support related to a disabled child can last for the course of the child’s life. Hastings v. Hastings, 841 So. 2d 484 (Fla. Dist. Ct. App. 2003).
Realistically, most parents gladly agree to take out life insurance policies via an agreed order.
“This section shall not prohibit any court of competent jurisdiction from requiring support for a dependent person beyond the age of 18 years when such dependency is because of a mental or physical incapacity which began prior to such person reaching majority…” Fla. Stat. Ann. §743.07 (2) (West 2023).
What If The Beneficiary To The Life Insurance Policy Is Changed After A Florida Divorce?
If the ex-spouse that is ordered to obtain life insurance decides to simply change the beneficiary, there’s going to be a problem.
If the wrongful beneficiary is discovered before the death of the spouse, the court can order the beneficiary to be changed.
If the wrongful beneficiary is discovered after the death of the spouse, the rightful beneficiary has a claim against the wrongful beneficiary.
For example, in Brown v. Poole, Dr. Poole tried to change the beneficiary of his life insurance three times before he died, but he and his ex-wife had agreed to name her as the irrevocable beneficiary as part of his alimony obligation. When Ms. Poole discovered this, she filed suit. The court held that by designating Ms. Poole as his irrevocable beneficiary, Dr. Poole “effectively divested himself of his ownership interest…” , and awarded Ms. Poole the pay-out. Brown v. Poole, 261 So. 3d 708, 710 (Fla. Dist. Ct. App. 2018).
Whole Life Insurance and Divorce In Florida
The life insurance that most people are familiar with is term life insurance. Term life insurance is where you insure your life for a period of time. If you survive the “term” (a period of time determined by the policy), then the policy expires with no benefit to anyone. Term life insurance is very affordable for this reason. The insurance company did not pay anything and the insured is still alive… so everyone is happy.
Whole life insurance has a term of your entire life, so there is a guaranteed pay-out. Because of this guaranteed pay-out, whole life insurance has a cash value. Therefore, whole life insurance is a marital asset which can be allocated during a Florida divorce. Of course, allocating the life insurance policy means that someone has to keep paying on the policy so the policy keeps that allocated value. The responsibility to maintain life insurance payments can also be allocated by a Florida court.
“…If the court orders a party to purchase or maintain a life insurance policy or bond, the court may apportion the costs of such insurance or bond to either or both parties based upon a determination of the ability of the oblige and obligor to pay such costs.” Fla. Stat. Ann. §61.08 (4) (West 2023).
| Type of Life Insurance | Description | Considerations in Divorce |
| Term Life Insurance | Provides coverage for a fixed period with no payout if the insured survives the term | Not considered a marital asset; may still require court-assigned premium responsibility |
| Whole Life Insurance | Lifetime coverage with a guaranteed pay-out and builds cash value over time | Considered marital property; courts allocate ownership, value, death benefits, and payment obligations |
| Universal Life Insurance | Lifetime coverage with flexible premiums and adjustable death benefits; includes cash value component | Similar treatment to whole life insurance in divorce; courts evaluate and allocate value and responsibilities |
What If I Can’t Get Life Insurance?
If you’re in poor health, old, or have some history of dangerous activity, you may not be able to purchase life insurance.
The court will consider the expense or inability to get life insurance before ordering life insurance in a Florida divorce. Mackoul v. Mackoul, 32 So. 3d 741, 742 (Fla. Dist. Ct. App. 2010).
If a Florida divorce judge is ordering life insurance, you may be excused from buying or renewing life insurance due to the doctrine of impossibility.
“Under the doctrine of impossibility of performance…a party is discharged from performing a contractual obligation which is impossible to perform and the party neither assumed the risk of impossibility nor could have acted to prevent the event rendering the performance impossible.” Marathon Sunsets, Inc. v. Coldiron, 189 So. 3d 235, 236 (Fla. Dist. Ct. App. 2016).
If the parties entered into an agreement to obtain life insurance, then the burden of obtaining life insurance likely cannot be dismissed via the doctrine of impossibility unless the situation was completely unforeseeable.
“[I]mpossibility of performance is employed with caution; if knowledge of the facts that made performance impossible was available or foreseeable to the promisor, the promisor cannot then invoke those facts as a defense to nonperformance.” In re SFD @ Hollywood, LLC, 411 B.R. 788, 799 (Bankr. S.D. Fla. 2009).
Can I Get A Life Insurance Policy Against My Spouse’s Life After A Florida Divorce?
Living with someone during a marriage gives you much insight into their lifestyle. You know how they eat, if they exercise, if they smoke, how long their parents lived. You might be tempted to take out a life insurance policy against your ex-spouse’s life and get a jackpot sooner than the insurance company would expect.
Under Florida law, you cannot take out policies against another person unless you have a valid insurable interest.
“[N]o person shall procure or cause to be procured or effected an insurance contract on the life or body of another individual unless the benefits under such contract are payable to…any person having, at the time such contract was made, an insurable interest in the individual insured.” Fla. Stat. Ann. § 627.404 (1) (West).
“An individual has an insurable interest in the life, body, and health of another person to whom the individual is closely related by blood or by law and in whom the individual has a substantial interest engendered by love and affection.” Fla. Stat. Ann. § 627.404 (2)(b)(1) (West).
An insurable interest is “a real and substantial interest in specific property as will sustain a contract to indemnify the person interested against its loss.” Black’s Law Dictionary (11th ed. 2019).
Because you are no longer related by law, you cannot take out a life insurance policy against your ex-spouse.
This situation usually arises when a person revives an old insurance policy against their ex-spouse…probably without telling the insurance company that they are now divorced. But policies that do not have insurable interest are void. Liss v. Liss, 937 So. 2d 760, 764 (Fla. Dist. Ct. App. 2006).
A child support or alimony obligation would be an “interest in specific property” that would render an insurance policy on the life of another viable.
But, if your ex-spouse is nice, they can get a life insurance policy against their own life and make you the beneficiary whether there is an insurable interest or not.
“Any individual of legal capacity may procure or effect an insurance contract on his or her own life or body for the benefit of any person.” Fla. Stat. Ann. § 627.404 (1) (West).
We all get older, get sick and die. Sooner or later no one will sell life insurance to the old and/or enfeebled at an affordable price. So, it is completely foreseeable that life insurance may not be available one day.
What To Do Right Now Regarding Life Insurance If You Are Getting Divorced Or Are Divorced In Florida
- Locate all existing life insurance policies in your or your spouse/ex-spouse’s name. Identify whether they are term, whole, or universal life, and note who is currently listed as beneficiary.
- Determine if your policy is governed by ERISA. If your life insurance is through your employer, Florida’s automatic revocation law does NOT apply. You must manually change the beneficiary of your life insurance policy or your ex-spouse will get the payout.
- Update your beneficiaries after the divorce is finalized. Florida law automatically revokes your ex-spouse as beneficiary in many cases, but it would be foolish to presume this will happen seamlessly after your death. Change the beneficiaries in writing with your insurance company as soon as possible.
- Review your marital settlement agreement carefully. If your marital settlement agreement names your spouse as beneficiary or requires you to maintain a life insurance policy, that order will control who gets the life insurance proceeds regardless of what you do with the life insurance policy afterwards.
- Ask your attorney whether the court should order a life insurance policy for you or your soon-to-be-ex-spouse. If you are receiving alimony or child support, court-ordered life insurance will protect those support payments if your ex-spouse dies before the obligation ends.
- Determine the cash value of any whole life policies. Whole life insurance is a marital asset subject to division in a Florida court. Make sure it is accounted for in your marital settlement agreement.
- Do not attempt to take out a new policy on your ex-spouse’s life unless you have a court-ordered support obligation.
- If you have a disabled child understand that support obligations for a disabled child can last a lifetime, and your life insurance policy order should reflect that unending obligation.
- Contact a Florida divorce attorney if your ex-spouse has changed beneficiaries in violation of a court order (ask for an updated policy to find out). You may have a claim against the wrongful beneficiary even after your ex (the life insurance policyholder’s) death.
If you have questions about life insurance and divorce, please feel free to schedule a free consultation with my Naples, Florida Law Office to learn more about all of your options.
Russell Knight is an attorney licensed in Florida since 2018 and Illinois since 2006, representing clients in Naples, Marco Island, and Lee and Collier County, Florida. Russell Knight exclusively practices family law and has handled hundreds of divorce cases involving life insurance, alimony, and complex asset division.
