Court-Ordered Life Insurance in a Florida Divorce: What the Order May Require

By David Frederickson · Licensed Life Insurance & Annuity Agent · Licensed in 30 states and Washington, D.C. · FL License #W827787 · Based in Deerfield Beach, FL · Last reviewed October 28, 2026

A divorce settles a lot of questions about money. One it can't settle on its own is what happens to alimony or child support if the person paying it dies. Florida law gives courts a tool for that: court-ordered life insurance, meaning an order to buy or keep a policy that secures the support.

This post covers Florida law only. Divorce, alimony and child support rules are set by each state, and they vary by state. If your divorce is in another state, ask a family-law attorney there what your state allows.

This post explains what Florida's statutes say, what an order may cover, and where an insurance agent fits in. For a broader look at coverage, see our guide to life insurance for Broward County families.

Please read this first: I'm a licensed life insurance agent, not an attorney. This is general education, not legal advice. Your family-law attorney is the person who should interpret your order, negotiate its terms and tell you whether a policy meets it. I can help you apply for coverage. I can't promise that any policy satisfies a court order.

Can a Florida court order life insurance in a divorce?

Yes. Florida statutes allow a court, to the extent necessary to protect an award, to order the paying spouse or parent to buy or maintain a life insurance policy or a bond, or to secure the award with other suitable assets. This applies to alimony under Fla. Stat. 61.08 and child support under Fla. Stat. 61.13.

The point is protection, not punishment. Support usually depends on the paying party's future income. If that person dies, the income stops, and a life insurance death benefit can help replace what the support would have provided. Whether a court orders it, and on what terms, depends on the facts of each case.

When can a court require life insurance to secure alimony?

Under Fla. Stat. 61.08(4), a court may order life insurance or a bond "to the extent necessary to protect an award of alimony." The court must make specific findings that special circumstances warrant it. It may also split the cost between the parties based on each one's ability to pay.

That "special circumstances" requirement matters. It means life insurance to secure alimony isn't automatic in Florida, even when alimony is awarded. Your attorney can tell you how courts in your circuit, including Broward's 17th Judicial Circuit and Palm Beach County's 15th, have applied it.

The statute also lets the court look beyond insurance: a bond, or "any other assets that may be suitable for that purpose." Insurance is one option, not the only one.

One more detail: Florida rewrote its alimony statute in 2023, and the current version says it applies to cases pending or filed on or after July 1, 2023. If your divorce is older, ask your attorney which version governs your order.

How can life insurance secure child support?

Fla. Stat. 61.13(1)(c) says that, to the extent necessary to protect an award of child support, a court may order the paying parent to purchase or maintain life insurance or a bond, or secure the support with other suitable assets. The order's terms, such as amount and duration, come from the court or the parties' agreement.

For a parent, this is often the part of the divorce that's easiest to agree on in principle. Both parents usually want the children protected. The details are where people disagree: how much coverage, for how long, and who controls the money if the policy pays out while the children are minors.

What might a divorce decree or settlement spell out about the policy?

A divorce decree or marital settlement agreement may address the coverage amount, how long it must stay in force, who owns the policy, who pays the premium, who the beneficiary is, and how proof of coverage is provided. The exact terms come from your case. Ask your attorney to make them clear and workable.

Here are questions worth raising with your family-law attorney before the terms are final:

• Amount. Is it a fixed amount, or does it step down as the remaining support decreases?
• Duration. Does the requirement end when alimony ends, or when the youngest child is no longer owed support?
• Ownership and control. Who owns the policy and can change it?
• Beneficiary. Is it the former spouse directly, the children, or a trust for the children?
• Proof. How, and how often, must the insured show the policy is still in force?
• Cost. Who pays the premium, and what happens if a payment is missed?
• Existing coverage. Can a current policy, or group life through work, count? Group coverage often ends when you leave the job.

Clear answers up front can save a family from a fight later, at the worst possible time.

Who should own the life insurance policy after a divorce?

It depends on the order and your situation. The paying spouse may own it, the receiving spouse may own it, or a trust may own it. Each choice affects who controls the policy, who gets notices and who can make changes. Your family-law attorney should decide what fits your order.

In general terms:

• If the insured owns the policy, they control it. The other party may want terms requiring proof of coverage and notice of changes.
• If the receiving spouse owns the policy, they control it and can see premium notices, but someone has to pay the premium and the insured has to cooperate with underwriting.
• If a trust owns the policy, a trustee manages the proceeds for minor children. Your attorney drafts the trust.

New coverage is subject to underwriting. Age and health affect whether a policy is issued and what it costs, so it helps to start the application process early rather than right before a deadline in your case.

What happens to an ex-spouse beneficiary after a Florida divorce?

Under Fla. Stat. 732.703, a beneficiary designation naming a former spouse is generally void after the divorce if it was made before the divorce. There are exceptions, including some cases where the divorce order requires the coverage for the former spouse or children, and cases where federal law controls. Review every designation.

That federal exception is real. In Hillman v. Maretta (2013), the U.S. Supreme Court held that federal law controlled a federal employee's group life insurance. The named beneficiary, his former wife, kept the $124,558.03 in proceeds, even though he had remarried and a Virginia law would otherwise have let his widow recover the money.

The practical lesson: after a divorce, review the beneficiary on every policy and account, including coverage through work, and keep the designations consistent with your order. Don't rely on a statute to fix an out-of-date form.

What does an insurance agent do in a court-ordered life insurance case?

An agent can help you apply for coverage that matches the amount and term your attorney describes, explain policy options and underwriting, and set up the owner and beneficiary as instructed. An agent can't interpret your order or confirm that a policy satisfies it. That's your attorney's job.

Here's how I work with clients on these cases:

1. Get the requirements from your attorney in writing: amount, term, owner and beneficiary.
2. Explain the policy options I'm licensed to offer that may fit those requirements.
3. Help with the application and underwriting.
4. Set up ownership and beneficiary designations as your attorney directs.
5. Provide the policy documents so your attorney can confirm they meet the order.

Our Term Life Insurance Calculator can help you think through amounts, but your order controls.

Frequently asked questions

Talk it through with a licensed agent

Once your attorney has given you the requirements, book a free call with David or call (850) 612-8175. He's a licensed life insurance and annuity agent based in Deerfield Beach, Florida, licensed in 30 states and Washington, D.C. Bring your attorney's written requirements so the application matches them from the start.

Related reading: life insurance for Broward County families · Term Life Insurance Calculator

Sources

1. Fla. Stat. 61.08 (2026), Alimony, subsections (4) and (11): https://www.flsenate.gov/Laws/Statutes/2026/61.08
2. Fla. Stat. 61.13 (2026), Support of children, subsection (1)(c): https://www.flsenate.gov/Laws/Statutes/2026/61.13
3. Fla. Stat. 732.703 (2026), Effect of divorce on disposition of certain assets at death, subsections (2)–(4): https://www.flsenate.gov/Laws/Statutes/2026/732.703
4. Hillman v. Maretta, 569 U.S. 483 (2013), Cornell LII: https://www.law.cornell.edu/supremecourt/text/11-1221

Sources checked Oct 26, 2026.

Important information: This post is general educational information only and is not legal, tax or financial planning advice. Consult your family-law attorney about your order. Life insurance coverage is subject to underwriting. Policy guarantees are backed by the financial strength and claims-paying ability of the issuing insurance company. We cannot promise that any policy satisfies a court order. David Frederickson is a licensed life insurance and annuity agent, FL License #W827787, not a financial planner, financial advisor, attorney or CPA.