- 6 - Ct. App. 1985). According to the Florida Supreme Court, an award of lump-sum alimony survives the death of both the obligor and the obligee. See Canakaris v. Canakaris, 382 So. 2d 1197, 1201 (Fla. 1980); see also Fla. Stat. Ann. sec. 61.075(2) (West 2006); Filipov v. Filipov, 717 So. 2d 1082, 1084 (Fla. Ct. App. 1998). Thus, it seems clear that an award of lump-sum alimony in this case would not meet the requirement of section 71(b)(1)(D) for deduction eligibility. Petitioner argues that the label of “lump-sum alimony” in his divorce decree should not be conclusive. Accordingly, he directs us to caselaw discussing the reasons behind a typical award of lump-sum alimony and points to the differences between his situation and the cases cited by respondent. Although applying the principle of substance over form is often appropriate, this Court is not in a position to review the trial court’s specific award of “lump-sum alimony”, nor is it our place to second-guess the award’s function on the record we have before us. Accordingly, we hold that petitioner’s deduction of the $7,200 paid to his ex-wife in 2003 was improper as it did not meet the definition of “alimony” under section 71(b)(1)(D). To reflect our disposition of the disputed issue, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7Last modified: November 10, 2007