HB 1475

1
A bill to be entitled
2An act relating to alimony; amending s. 61.08, F.S.;
3revising provisions relating to factors to be considered
4for alimony awards; revising provisions relating to awards
5of permanent alimony; providing that an alimony award may
6not result in the party receiving the award enjoying a
7standard of living that is greater than that of the party
8paying alimony unless there are written findings of
9exceptional circumstances; providing applicability for
10amendments by the act; revising provisions relating to
11applicability of certain amendments made in ch. 2010-199,
12Laws of Florida, to delete language declaring those
13amendments inapplicable to modification of awards made
14before the effective date of that act and applying those
15amendments to modifications of such awards; providing for
16retroactive effect; providing effective dates.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Subsection (9) of section 61.08, Florida
21Statutes, is renumbered as subsection (10), a new subsection (9)
22is added to that section, and subsections (2), (7), and (8) of
23that section are amended, to read:
24     61.08  Alimony.-
25     (2)  In determining whether to award alimony or
26maintenance, the court shall first make a specific factual
27determination as to whether either party has an actual need for
28alimony or maintenance and whether either party has the ability
29to pay alimony or maintenance. If the court finds that a party
30has a need for alimony or maintenance and that the other party
31has the ability to pay alimony or maintenance, then in
32determining the proper type and amount of alimony or maintenance
33under subsections (5)-(8), the court shall consider all relevant
34factors, including, but not limited to:
35     (a)  The standard of living established during the
36marriage.
37     (b)  The duration of the marriage.
38     (c)  The age and the physical and emotional condition of
39each party.
40     (d)  The financial resources of each party, including the
41nonmarital and the marital assets and liabilities distributed to
42each.
43     (e)  The earning capacities, educational levels, vocational
44skills, and employability of the parties and, when applicable,
45the time necessary for either party to acquire sufficient
46education or training to enable such party to find appropriate
47employment.
48     (f)  The contribution of each party to the marriage,
49including, but not limited to, services rendered in homemaking,
50child care, education, and career building of the other party.
51     (g)  The responsibilities each party will have with regard
52to any minor children they have in common.
53     (h)  The tax treatment and consequences to both parties of
54any alimony award, including the designation of all or a portion
55of the payment as a nontaxable, nondeductible payment.
56     (i)  All sources of income available to either party,
57including income available to either party through investments
58of any asset held by that party.
59     (j)   Any other factor necessary to do equity and justice
60between the parties.
61     (7)  Durational alimony may be awarded when permanent
62periodic alimony is inappropriate. The purpose of durational
63alimony is to provide a party with economic assistance for a set
64period of time following a marriage of short or moderate
65duration. An award of durational alimony terminates upon the
66death of either party or upon the remarriage of the party
67receiving alimony. The amount of an award of durational alimony
68may be modified or terminated based upon a substantial change in
69circumstances in accordance with s. 61.14. However, the length
70of an award of durational alimony may not be modified except
71under exceptional circumstances and may not exceed the length of
72the marriage.
73     (8)  Permanent alimony may be awarded to provide for the
74needs and necessities of life as they were established during
75the marriage of the parties for a party who lacks the financial
76ability to meet his or her needs and necessities of life
77following a dissolution of marriage. Permanent alimony may be
78awarded following a marriage of moderate or long duration,
79following a marriage of moderate duration if such an award is
80appropriate upon consideration of the factors set forth in
81subsection (2), or following a marriage of short duration if
82there are written findings of exceptional circumstances. In
83awarding permanent alimony, the court shall include findings
84regarding the applicability of the needs and necessities of life
85established during the marriage to the alimony award and shall
86include findings that no other form of alimony, including, but
87not limited to, durational alimony, is adequate. An award of
88permanent alimony terminates upon the death of either party or
89upon the remarriage of the party receiving alimony. An award may
90be modified or terminated based upon a substantial change in
91circumstances or upon the existence of a supportive relationship
92in accordance with s. 61.14.
93     (9)  An alimony award may not result in the party receiving
94the award enjoying a standard of living that is greater than
95that of the party paying alimony unless there are written
96findings of exceptional circumstances.
97     Section 2.  The amendments to s. 61.08, Florida Statutes,
98by this act apply to all initial awards of alimony entered on or
99after July 1, 2011, and to all modifications of alimony awards
100for marriages of short or moderate duration made on or after
101July 1, 2011.
102     Section 3.  Effective upon this act becoming a law and
103retroactive to July 1, 2010, section 2 of chapter 2010-199, Laws
104of Florida, is amended to read:
105     Section 2.  The amendments to s. 61.08, Florida Statutes,
106by this act apply to all initial awards of alimony entered after
107July 1, 2010, and to all modifications of alimony such awards
108made after July 1, 2010. Such amendments may not serve as a
109basis to modify awards entered before July 1, 2010, or as a
110basis to change amounts or duration of awards existing before
111July 1, 2010. The amendments to s. 61.08, Florida Statutes, by
112this act are applicable to all cases pending on or filed after
113July 1, 2010.
114     Section 4.  Except as otherwise expressly provided in this
115act and except for this section, which shall take effect upon
116this act becoming a law, this act shall take effect July 1,
1172011.


CODING: Words stricken are deletions; words underlined are additions.