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


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