Delsie and William Dugan were going through a lengthy divorce proceeding lasting nearly four years. The points of contention primarily centered on the distribution of assets and alimony. During the trial, William testified without contradiction that Medicare paid all of Delsie’s medical expenses, so those were deleted from her requested recovery. After the trial concluded, but before the court issued a ruling, Delsie submitted a financial affidavit that outlined various expenses, including medical. As part of the affidavit, Delsie stated she paid $561 in health insurance payments as well as $40 in dental insurance. As part of the dissolution order, the lower court did not allow medical expenses for Delsie as part of its alimony calculation because of the ‘uncontroverted testimony’ by William that Medicare covered all of Delsie’s medical expenses. This reduction for medical expenses significantly reduced Delsie’s alimony payment. Delsie appealed.
On appeal, the court found for Delsie and sent the case back to the lower court to correct its order. The court held that it is well known that Medicare does not cover all medical expenses, citing Part B’s shortfall as an example, as well as pointing to the payments Delsie makes each month. The court stated that William’s testimony was insufficient compared to Delsie’s evidence that she has to pay premiums, deductibles, and other expenses not covered by Medicare. The court directed that any error by a trial court appearing on the face of the judgment should be addressed. As a result, the matter was remanded to the trial court to amend the alimony calculation to adjust for medical expenses not covered by Medicare.
Dugan v. Dugan, 2015 WL 1071067 (Fla. App., No. 5D13-2425, March 13, 2015)
To arrange a meeting to discuss your rights and options, contact our office online or call us at 601-987-3000.