Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 748
       
       
       
       
       
       
                                Barcode 600742                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Judiciary (Flores) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 61.08, Florida Statutes, is amended to
    6  read:
    7         61.08 Alimony.—
    8         (1) In a proceeding for dissolution of marriage, the court
    9  may grant alimony to either party, which alimony may be bridge
   10  the-gap, rehabilitative, durational, or long-term permanent in
   11  nature or any combination of these forms of alimony where
   12  appropriate. In any award of alimony, the court may order
   13  periodic payments, or payments in lump sum, or both. The court
   14  may consider the adultery of either spouse and the circumstances
   15  thereof in determining the amount of alimony, if any, to be
   16  awarded to the extent that the adultery caused a significant
   17  depletion in the marital assets or caused a significant
   18  reduction in the income of a party. In all dissolution actions,
   19  the court shall include findings of fact relative to the factors
   20  enumerated in subsection (2) supporting an award or denial of
   21  alimony.
   22         (2) In determining whether to award alimony or maintenance,
   23  the court shall first make, in writing, a specific factual
   24  determination as to whether either party has an actual need for
   25  alimony or maintenance and whether either party has the ability
   26  to pay alimony or maintenance. If the court finds that a party
   27  has a need for alimony or maintenance and that the other party
   28  has the ability to pay alimony or maintenance, then in
   29  determining the proper type and amount of alimony or maintenance
   30  under subsections (5)-(8), the court shall consider and make
   31  written findings regarding all relevant factors, including, but
   32  not limited to:
   33         (a) The standard of living established during the marriage.
   34         (b) The duration of the marriage.
   35         (c) The age and the physical and emotional condition of
   36  each party.
   37         (d) The financial resources of each party, including the
   38  nonmarital and the marital assets and liabilities distributed to
   39  each.
   40         (e) The earning capacities, educational levels, vocational
   41  skills, and employability of the parties and, when applicable,
   42  the time necessary for either party to acquire sufficient
   43  education or training to enable such party to find appropriate
   44  employment.
   45         (f) The contribution of each party to the marriage,
   46  including, but not limited to, services rendered in homemaking,
   47  child care, education, and career building of the other party.
   48         (g) The responsibilities each party will have with regard
   49  to any minor children the parties they have in common.
   50         (h) The tax treatment and consequences to both parties of
   51  any alimony award, including the designation of all or a portion
   52  of the payment as a nontaxable, nondeductible payment.
   53         (i) All sources of income available to either party,
   54  including income available to either party through investments
   55  of any asset held by that party.
   56         (j) The net income available to each party after the
   57  application of the alimony award.
   58         (k)(j) Any other factor necessary to do equity and justice
   59  between the parties, if that factor is specifically identified
   60  in the award with findings of fact justifying the application of
   61  the factor.
   62         (3) To the extent necessary to protect an award of alimony,
   63  the court may order any party who is ordered to pay alimony to
   64  purchase or maintain a life insurance policy or a bond, or to
   65  otherwise secure such alimony award with any other assets which
   66  may be suitable for that purpose.
   67         (4) For purposes of determining alimony, there is a
   68  rebuttable presumption that a short-term marriage is a marriage
   69  having a duration of less than 7 years, a moderate-term marriage
   70  is a marriage having a duration of greater than 7 years but less
   71  than 17 years, and long-term marriage is a marriage having a
   72  duration of 17 years or greater. The length of a marriage is the
   73  period of time from the date of marriage until the date of
   74  filing of an action for dissolution of marriage.
   75         (5) Bridge-the-gap alimony may be awarded to assist a party
   76  by providing support to allow the party to make a transition
   77  from being married to being single. Bridge-the-gap alimony is
   78  designed to assist a party with legitimate identifiable short
   79  term needs, and the length of an award may not exceed 2 years.
   80  An award of bridge-the-gap alimony terminates upon the death of
   81  either party or upon the remarriage of the party receiving
   82  alimony. An award of bridge-the-gap alimony shall not be
   83  modifiable in amount or duration.
   84         (6)(a) Rehabilitative alimony may be awarded to assist a
   85  party in establishing the capacity for self-support through
   86  either:
   87         1. The redevelopment of previous skills or credentials; or
   88         2. The acquisition of education, training, or work
   89  experience necessary to develop appropriate employment skills or
   90  credentials.
   91         (b) In order to award rehabilitative alimony, there must be
   92  a specific and defined rehabilitative plan which shall be
   93  included as a part of any order awarding rehabilitative alimony.
   94         (c) An award of rehabilitative alimony may be modified or
   95  terminated in accordance with s. 61.14 based upon a substantial
   96  change in circumstances, upon noncompliance with the
   97  rehabilitative plan, or upon completion of the rehabilitative
   98  plan.
   99         (7) Durational alimony may be awarded when permanent
  100  periodic alimony is inappropriate. The purpose of durational
  101  alimony is to provide a party with economic assistance for a set
  102  period of time following a marriage of short or moderate
  103  duration or following a marriage of long duration if there is no
  104  ongoing need for support on a long-term permanent basis as
  105  provided in subsection (8). An award of durational alimony
  106  terminates upon the death of either party or upon the remarriage
  107  of the party receiving alimony. The amount of an award of
  108  durational alimony may be modified or terminated based upon a
  109  substantial change in circumstances in accordance with s. 61.14.
  110  However, The length of an award of durational alimony may not be
  111  modified except under exceptional circumstances and may not
  112  exceed the length of the marriage.
  113         (8) Permanent alimony shall be renamed as long-term
  114  alimony, and long-term Permanent alimony may be awarded to
  115  provide for the needs and necessities of life as they were
  116  established during the marriage of the parties for a party who
  117  lacks the financial ability to meet his or her needs and
  118  necessities of life following a dissolution of marriage.
  119  Permanent alimony shall be renamed as long-term alimony, and
  120  long-term Permanent alimony may be awarded following a marriage
  121  of long duration if such an award is appropriate upon
  122  consideration of the factors set forth in subsection (2),
  123  following a marriage of moderate duration if such an award is
  124  appropriate based upon clear and convincing evidence after
  125  consideration of the factors set forth in subsection (2), or
  126  following a marriage of short duration if there are written
  127  findings of exceptional circumstances. In awarding long-term
  128  permanent alimony, the court shall include findings a finding
  129  that no other form of alimony will provide for the needs and
  130  necessities of life of the recipient as they were established
  131  during the marriage of the parties and that no other form is
  132  fair and reasonable under the circumstances of the parties. An
  133  award of long-term permanent alimony remains payable until
  134  terminates upon the death of either party or upon the remarriage
  135  of the party receiving alimony. An award may be modified or
  136  terminated based upon a substantial change in circumstances or
  137  upon the existence of a supportive relationship in accordance
  138  with s. 61.14.
  139         (9) The award of alimony may not leave the payor with
  140  significantly less net income than the net income of the
  141  recipient unless there are written findings of exceptional
  142  circumstances. The court shall make written findings regarding
  143  the relative incomes and standard of living as established
  144  during the marriage.
  145         (10)(a) With respect to any order requiring the payment of
  146  alimony entered on or after January 1, 1985, unless the
  147  provisions of paragraph (c) or paragraph (d) applies apply, the
  148  court shall direct in the order that the payments of alimony be
  149  made through the appropriate depository as provided in s.
  150  61.181.
  151         (b) With respect to any order requiring the payment of
  152  alimony entered before January 1, 1985, upon the subsequent
  153  appearance, on or after that date, of one or both parties before
  154  the court having jurisdiction for the purpose of modifying or
  155  enforcing the order or in any other proceeding related to the
  156  order, or upon the application of either party, unless the
  157  provisions of paragraph (c) or paragraph (d) applies apply, the
  158  court shall modify the terms of the order as necessary to direct
  159  that payments of alimony be made through the appropriate
  160  depository as provided in s. 61.181.
  161         (c) If there is no minor child, alimony payments need not
  162  be directed through the depository.
  163         (d)1. If there is a minor child of the parties and both
  164  parties so request, the court may order that alimony payments
  165  need not be directed through the depository. In this case, the
  166  order of support shall provide, or be deemed to provide, that
  167  either party may subsequently apply to the depository to require
  168  that payments be made through the depository. The court shall
  169  provide a copy of the order to the depository.
  170         2. If the provisions of subparagraph 1. applies apply,
  171  either party may subsequently file with the depository an
  172  affidavit alleging default or arrearages in payment and stating
  173  that the party wishes to initiate participation in the
  174  depository program. The party shall provide copies of the
  175  affidavit to the court and the other party or parties. Fifteen
  176  days after receipt of the affidavit, the depository shall notify
  177  all parties that future payments shall be directed to the
  178  depository.
  179         3. In IV-D cases, the IV-D agency shall have the same
  180  rights as the obligee in requesting that payments be made
  181  through the depository.
  182         Section 2. Paragraph (b) of subsection (1) of section
  183  61.14, Florida Statutes, is amended to read:
  184         61.14 Enforcement and modification of support, maintenance,
  185  or alimony agreements or orders.—
  186         (1)
  187         (b)1. The court may reduce or terminate an award of alimony
  188  upon specific written findings by the court that since the
  189  granting of a divorce and the award of alimony a supportive
  190  relationship has existed between the obligee and a person with
  191  whom the obligee resides. On the issue of whether alimony should
  192  be reduced or terminated under this paragraph, the burden is on
  193  the obligor to prove by a preponderance of the evidence that a
  194  supportive relationship exists.
  195         2. In determining whether an existing award of alimony
  196  should be reduced or terminated because of an alleged supportive
  197  relationship between an obligee and a person who is not related
  198  by consanguinity or affinity and with whom the obligee resides,
  199  the court shall elicit the nature and extent of the relationship
  200  in question. The court shall give consideration, without
  201  limitation, to circumstances, including, but not limited to, the
  202  following, in determining the relationship of an obligee to
  203  another person:
  204         a. The extent to which the obligee and the other person
  205  have held themselves out as a married couple by engaging in
  206  conduct such as using the same last name, using a common mailing
  207  address, referring to each other in terms such as “my husband”
  208  or “my wife,” or otherwise conducting themselves in a manner
  209  that evidences a permanent supportive relationship.
  210         b. The period of time that the obligee has resided with the
  211  other person in a permanent place of abode.
  212         c. The extent to which the obligee and the other person
  213  have pooled their assets or income or otherwise exhibited
  214  financial interdependence.
  215         d. The extent to which the obligee or the other person has
  216  supported the other, in whole or in part.
  217         e. The extent to which the obligee or the other person has
  218  performed valuable services for the other.
  219         f. The extent to which the obligee or the other person has
  220  performed valuable services for the other’s company or employer.
  221         g. Whether the obligee and the other person have worked
  222  together to create or enhance anything of value.
  223         h. Whether the obligee and the other person have jointly
  224  contributed to the purchase of any real or personal property.
  225         i. Evidence in support of a claim that the obligee and the
  226  other person have an express agreement regarding property
  227  sharing or support.
  228         j. Evidence in support of a claim that the obligee and the
  229  other person have an implied agreement regarding property
  230  sharing or support.
  231         k. Whether the obligee and the other person have provided
  232  support to the children of one another, regardless of any legal
  233  duty to do so.
  234         3. This paragraph does not abrogate the requirement that
  235  every marriage in this state be solemnized under a license, does
  236  not recognize a common law marriage as valid, and does not
  237  recognize a de facto marriage. This paragraph recognizes only
  238  that relationships do exist that provide economic support
  239  equivalent to a marriage and that alimony terminable on
  240  remarriage may be reduced or terminated upon the establishment
  241  of equivalent equitable circumstances as described in this
  242  paragraph. The existence of a conjugal relationship, though it
  243  may be relevant to the nature and extent of the relationship, is
  244  not necessary for the application of the provisions of this
  245  paragraph.
  246         4. A court terminating an alimony award based on the
  247  existence of a supportive relationship may not reserve
  248  jurisdiction to later reinstate alimony.
  249         Section 3. Section 61.19, Florida Statutes, is amended to
  250  read:
  251         61.19 Entry of judgment of dissolution of marriage;, delay
  252  period; bifurcation.—
  253         (1)A No final judgment of dissolution of marriage may not
  254  be entered until at least 20 days have elapsed from the date of
  255  filing the original petition for dissolution of marriage,; but
  256  the court, on a showing that injustice would result from this
  257  delay, may enter a final judgment of dissolution of marriage at
  258  an earlier date.
  259         (2) During the first 180 days after the date of service of
  260  the original petition for dissolution of marriage, the court
  261  shall not grant a final dissolution of marriage with a
  262  reservation of jurisdiction to subsequently determine all other
  263  substantive issues except in exceptional circumstances when it
  264  is clearly necessary for the best interests of the parties or
  265  their children. The desire of one of the parties to remarry does
  266  not justify the use of this process. If more than 180 days have
  267  elapsed after the date of service of the original petition for
  268  dissolution of marriage, the court may grant a final dissolution
  269  of marriage with a reservation of jurisdiction to subsequently
  270  determine all other substantive issues only if the court enters
  271  such other temporary orders as are necessary to protect the
  272  interests of the parties and their children which shall remain
  273  effective until such time as all other issues can be adjudicated
  274  by the court. The temporary orders necessary to protect the
  275  interests of the children and the parties which may be entered
  276  before the granting of a dissolution of marriage without an
  277  adjudication of all substantive issues may include, but shall
  278  not be limited to, temporary orders that:
  279         (a) Restrict the sale or disposition of property.
  280         (b) Protect and preserve the marital assets.
  281         (c) Establish support.
  282         (d) Provide for maintenance of health insurance.
  283         (e) Provide for maintenance of life insurance.
  284  
  285  The court is not required to enter temporary orders to protect
  286  the parties and their children if the court enters a final
  287  judgment of dissolution of marriage which adjudicates
  288  substantially all of the substantive issues between the parties
  289  but reserves jurisdiction to address ancillary issues such as
  290  the entry of a qualified domestic relations order or the
  291  adjudication of attorney fees and costs.
  292         Section 4. This act shall take effect July 1, 2012.
  293  
  294  ================= T I T L E  A M E N D M E N T ================
  295         And the title is amended as follows:
  296         Delete everything before the enacting clause
  297  and insert:
  298                        A bill to be entitled                      
  299         An act relating to dissolution of marriage; amending
  300         s. 61.08, F.S.; revising factors to be considered for
  301         alimony awards, including adultery; requiring a court
  302         to make certain written findings concerning alimony;
  303         revising provisions for award of durational alimony;
  304         redesignating permanent alimony as long-term alimony
  305         and revising provisions relating to its award;
  306         requiring written findings regarding the standard of
  307         living of the parties as established during the
  308         marriage; amending s. 61.14, F.S.; prohibiting a court
  309         from reserving jurisdiction to reinstate an alimony
  310         award if a supportive relationship ends; amending s.
  311         61.19, F.S.; prohibiting the court from granting a
  312         final dissolution of marriage with a reservation of
  313         jurisdiction during the first 180 days after the date
  314         of service of the original petition for dissolution of
  315         marriage to subsequently determine all other
  316         substantive issues except in exceptional
  317         circumstances; authorizing the court to grant a final
  318         dissolution of marriage with a reservation of
  319         jurisdiction to subsequently determine all other
  320         substantive issues only if the court enters such other
  321         temporary orders as are necessary to protect the
  322         interests of the parties and their children; providing
  323         circumstances in which the court is not required to
  324         enter a temporary order; providing an effective date.