Estate of Marcia P. Hoffman, deceased, Elisabeth Hoffman, Personal Representative - Page 18




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          that the guaranteed payments were intended to, and did, terminate           
          on the death of decedent.                                                   
               Alternatively, respondent argues that even if the guaranty             
          obligation were not part of the division of marital property, the           
          value of the payments required under the guaranty obligation is             
          still includable in decedent’s gross estate because the                     
          guaranteed payments were in the form of lump-sum alimony.                   
          Florida recognizes three types of alimony:  (1) Lump-sum alimony;           
          (2) periodic alimony;13 and (3) rehabilitative alimony.  See Fla.           
          Stat. Ann. sec. 61.08(1) (West 1997).14  Under Florida law, lump-           
          sum alimony is essentially the payment of a definite sum (which             
          may be paid in installments).  See Mann v. Commissioner, 74 T.C.            
          1249, 1260 (1980); see also Canakaris v. Canakaris, 382 So.2d               
          1197, 1201 (Fla. 1980).  Lump-sum alimony creates a vested right            
          which survives death.  See Mann v. Commissioner, supra at 1260;             


               13Permanent periodic alimony is most commonly used to                  
          provide support, although its use may be appropriate in limited             
          circumstances to balance inequities which may result from the               
          allocation of income-generating property acquired during the                
          marriage.  See Canakaris v. Canakaris, 382 So.2d 1197, 1202 (Fla.           
          1980).  As a general rule, permanent periodic alimony terminates            
          on the death of either spouse or the remarriage of the receiving            
          spouse.  See id.                                                            
               14Fla. Stat. Ann. sec. 61.08(1) (West 1997) authorizes the             
          trial judge to “grant alimony to either party, which alimony may            
          be rehabilitative or permanent in nature.  In any award of                  
          alimony, the court may order periodic payments or payments in               
          lump sum or both.”  Canakaris v. Canakaris, supra at 1200.                  







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