Florida Senate - 2013                              CS for SB 718
       
       
       
       By the Committee on Judiciary; and Senators Stargel, Grimsley,
       Richter, Thrasher, Soto, and Altman
       
       
       
       590-02284A-13                                          2013718c1
    1                        A bill to be entitled                      
    2         An act relating to dissolution of marriage; amending
    3         s. 61.071, F.S.; requiring that alimony pendente lite
    4         be calculated in accordance with s. 61.08, F.S.;
    5         amending s. 61.08, F.S.; defining terms; revising
    6         factors to be considered for alimony awards; requiring
    7         a court to make written findings regarding the basis
    8         for awarding a combination of forms of alimony,
    9         including the type of alimony and length of time for
   10         which it is awarded; revising factors to be considered
   11         when deciding whether to award alimony; providing that
   12         an award of alimony granted automatically terminates
   13         without further action under certain circumstances;
   14         providing that the party seeking alimony has the
   15         burden of proof of demonstrating a need for alimony
   16         and that the other party has the ability to pay
   17         alimony; requiring the court to consider specified
   18         relevant factors when determining the proper type and
   19         amount of alimony; revising provisions relating to the
   20         protection of awards of alimony; revising provisions
   21         for an award of durational alimony; specifying
   22         criteria related to the rebuttable presumption to
   23         award or not to award alimony; deleting a provision
   24         authorizing permanent alimony; requiring written
   25         findings regarding the incomes and standard of living
   26         of the parties after dissolution of marriage; amending
   27         s. 61.09, F.S.; providing for the calculation of
   28         alimony; amending 61.13, F.S.; establishing a
   29         presumption that it is in the best interests of the
   30         child for the court to order equal time-sharing for
   31         each minor child; providing exceptions; providing for
   32         prospective application of the presumption in favor of
   33         equal time-sharing; amending s. 61.14, F.S.;
   34         authorizing a party to apply for an order to terminate
   35         the amount of support, maintenance, or alimony;
   36         requiring that an alimony order be modified upward
   37         upon a showing by clear and convincing evidence of an
   38         increased ability to pay alimony by the other party;
   39         prohibiting an increase in an obligor’s income from
   40         being considered permanent in nature until it has been
   41         maintained for a specified period without
   42         interruption; providing an exemption from the
   43         reduction or termination of an alimony award in
   44         certain circumstances; providing that there is a
   45         rebuttable presumption that any modification or
   46         termination of an alimony award is retroactive to the
   47         date of the filing of the petition; providing for an
   48         award of attorney fees and costs if it is determined
   49         that an obligee unnecessarily or unreasonably
   50         litigates a petition for modification or termination
   51         of an alimony award; revising provisions relating to
   52         the effect of a supportive relationship on an award of
   53         alimony; providing that income and assets of the
   54         obligor’s spouse or the person with whom the obligor
   55         resides may not be considered in the redetermination
   56         in a modification action; prohibiting an alimony award
   57         from being modified providing that if the court orders
   58         alimony concurrent with a child support order, the
   59         alimony award may not be modified because of the later
   60         modification or termination of child support payments;
   61         providing that the attaining of retirement age is a
   62         substantial change in circumstances; requiring the
   63         court to consider certain factors in determining
   64         whether the obligor’s retirement is reasonable;
   65         requiring a court to terminate or reduce an alimony
   66         award based on certain factors; amending s. 61.19,
   67         F.S.; authorizing separate adjudication of issues in a
   68         dissolution of marriage case in certain circumstances;
   69         providing for retroactive application of the act to
   70         alimony awards entered before July 1, 2013; providing
   71         allowable dates for the modification of such awards;
   72         providing an effective date.
   73  
   74  Be It Enacted by the Legislature of the State of Florida:
   75  
   76         Section 1. Section 61.071, Florida Statutes, is amended to
   77  read:
   78         61.071 Alimony pendente lite; suit money.—In every
   79  proceeding for dissolution of the marriage, a party may claim
   80  alimony and suit money in the petition or by motion, and if the
   81  petition is well founded, the court shall allow alimony
   82  calculated in accordance with s. 61.08 and a reasonable sum of
   83  suit money therefor. If a party in any proceeding for
   84  dissolution of marriage claims alimony or suit money in his or
   85  her answer or by motion, and the answer or motion is well
   86  founded, the court shall allow alimony calculated in accordance
   87  with s. 61.08 and a reasonable sum of suit money therefor.
   88         Section 2. Section 61.08, Florida Statutes, is amended to
   89  read:
   90         61.08 Alimony.—
   91         (1) For purposes of this section, the term:
   92         (a) “Alimony” means a court-ordered payment of support by
   93  an obligor to an obligee after the dissolution of a marriage.
   94         (b)“Long-term marriage” means a marriage having a duration
   95  of 20 years or more, as measured from the date of the marriage
   96  to the date of filing the petition for dissolution.
   97         (c)“Mid-term marriage” means a marriage having a duration
   98  of more than 10 years but less than 20 years, as measured from
   99  the date of the marriage to the date of filing the petition for
  100  dissolution.
  101         (d)“Net income” means net income as determined in
  102  accordance with s. 61.30.
  103         (e)“Short-term marriage” means a marriage having a
  104  duration equal to or less than 10 years, as measured from the
  105  date of the marriage to the date of filing the petition for
  106  dissolution.
  107         (2)(a)(1) In a proceeding for dissolution of marriage, the
  108  court may grant alimony to either party in the form of, which
  109  alimony may be bridge-the-gap, rehabilitative, or durational
  110  alimony, or a permanent in nature or any combination of these
  111  forms of alimony, but shall prioritize an award of bridge-the
  112  gap alimony, followed by rehabilitative alimony, over any other
  113  form of alimony. In an any award of alimony, the court may order
  114  periodic payments, or payments in lump sum, or both.
  115         (b) The court shall make written findings regarding the
  116  basis for awarding a combination of forms of alimony, including
  117  the type of alimony and length of time for which it is awarded.
  118  The court may award only a combination of forms of alimony to
  119  provide greater economic assistance in order to allow the
  120  recipient to achieve rehabilitation.
  121         (c) The court may consider the adultery of either party
  122  spouse and the circumstances thereof in determining the amount
  123  of alimony, if any, to be awarded.
  124         (d) In all dissolution actions, the court shall include
  125  written findings of fact relative to the factors enumerated in
  126  subsection (3)(2) supporting an award or denial of alimony.
  127         (e) An award of alimony granted under this section
  128  automatically terminates without further action of either party
  129  or the court upon the earlier of:
  130         1. The durational limits specified in this section; or
  131         2. The obligor’s normal retirement age for social security
  132  retirement benefits.
  133  
  134  If the obligee proves by clear and convincing evidence that the
  135  need for alimony continues to exist and the court determines
  136  that the obligor continues to have the ability to pay, the court
  137  shall issue written findings justifying an extension of alimony
  138  consistent with the provisions of this section.
  139         (f) The clerk of the court shall, upon request, indicate in
  140  writing that an alimony obligation has terminated in accordance
  141  with paragraph (e), unless there is a pending motion before the
  142  court disputing the fulfillment of the alimony obligation.
  143         (3)(2)The party seeking alimony has the burden of proof of
  144  demonstrating a need for alimony in accordance with subsection
  145  (8) and that the other party has the ability to pay alimony. In
  146  determining whether to award alimony or maintenance, the court
  147  shall first make, in writing, a specific factual determination
  148  as to whether the other either party has an actual need for
  149  alimony or maintenance and whether either party has the ability
  150  to pay alimony or maintenance. If the court finds that the a
  151  party seeking alimony has met its burden of proof in
  152  demonstrating a need for alimony or maintenance and that the
  153  other party has the ability to pay alimony or maintenance, then
  154  in determining the proper type and amount of alimony or
  155  maintenance under subsections (5)-(9)(5)-(8), the court shall
  156  consider all relevant factors, including, but not limited to:
  157         (a) The standard of living established during the marriage.
  158         (a)(b) The duration of the marriage.
  159         (b)(c) The age and the physical and emotional condition of
  160  each party.
  161         (c)(d) The financial resources of each party, including the
  162  portion of nonmarital assets that were relied upon by the
  163  parties during the marriage and the marital assets and
  164  liabilities distributed to each.
  165         (d)(e) The earning capacities, educational levels,
  166  vocational skills, and employability of the parties and, when
  167  applicable, the time necessary for either party to acquire
  168  sufficient education or training to enable such party to find
  169  appropriate employment.
  170         (e)(f) The contribution of each party to the marriage,
  171  including, but not limited to, services rendered in homemaking,
  172  child care, education, and career building of the other party.
  173         (f)(g) The responsibilities each party will have with
  174  regard to any minor children that the parties they have in
  175  common.
  176         (g)(h) The tax treatment and consequences to both parties
  177  of an any alimony award, which must be consistent with
  178  applicable state and federal tax laws and may include including
  179  the designation of all or a portion of the payment as a
  180  nontaxable, nondeductible payment.
  181         (h)(i) All sources of income available to either party,
  182  including income available to either party through investments
  183  of any asset held by that party which was acquired during the
  184  marriage or acquired outside the marriage and relied upon during
  185  the marriage.
  186         (i) The net income and standard of living available to each
  187  party after the application of the alimony award. There is a
  188  rebuttable presumption that both parties will have a lower
  189  standard of living after the dissolution of marriage than the
  190  standard of living they enjoyed during the marriage. This
  191  presumption may be overcome by a preponderance of the evidence.
  192         (j) Any other factor necessary to do equity and justice
  193  between the parties, if that factor is specifically identified
  194  in the award with findings of fact justifying the application of
  195  the factor.
  196         (4)(3) To the extent necessary to protect an award of
  197  alimony, the court may order any party who is ordered to pay
  198  alimony to purchase or maintain a decreasing term life insurance
  199  policy or a bond, or to otherwise secure such alimony award with
  200  any other assets that which may be suitable for that purpose, in
  201  an amount adequate to secure the alimony award. Any such
  202  security may be awarded only upon a showing of special
  203  circumstances. If the court finds special circumstances and
  204  awards such security, the court must make specific evidentiary
  205  findings regarding the availability, cost, and financial impact
  206  on the obligated party. Any security may be modifiable in the
  207  event that the underlying alimony award is modified and shall be
  208  reduced in an amount commensurate with any reduction in the
  209  alimony award.
  210         (4) For purposes of determining alimony, there is a
  211  rebuttable presumption that a short-term marriage is a marriage
  212  having a duration of less than 7 years, a moderate-term marriage
  213  is a marriage having a duration of greater than 7 years but less
  214  than 17 years, and long-term marriage is a marriage having a
  215  duration of 17 years or greater. The length of a marriage is the
  216  period of time from the date of marriage until the date of
  217  filing of an action for dissolution of marriage.
  218         (5) Bridge-the-gap alimony may be awarded to assist a party
  219  by providing support to allow the party to make a transition
  220  from being married to being single. Bridge-the-gap alimony is
  221  designed to assist a party with legitimate identifiable short
  222  term needs, and the length of an award may not exceed 2 years.
  223  An award of bridge-the-gap alimony terminates upon the death of
  224  either party or upon the remarriage of the party receiving
  225  alimony. An award of bridge-the-gap alimony is shall not be
  226  modifiable in amount or duration.
  227         (6)(a) Rehabilitative alimony may be awarded to assist a
  228  party in establishing the capacity for self-support through
  229  either:
  230         1. The redevelopment of previous skills or credentials; or
  231         2. The acquisition of education, training, or work
  232  experience necessary to develop appropriate employment skills or
  233  credentials.
  234         (b) In order to award rehabilitative alimony, there must be
  235  a specific and defined rehabilitative plan which shall be
  236  included as a part of any order awarding rehabilitative alimony.
  237         (c) An award of rehabilitative alimony may be modified or
  238  terminated only during the rehabilitative period in accordance
  239  with s. 61.14 based upon a substantial change in circumstances,
  240  upon noncompliance with the rehabilitative plan, or upon
  241  completion of the rehabilitative plan.
  242         (7) Durational alimony may be awarded when permanent
  243  periodic alimony is inappropriate. The purpose of durational
  244  alimony is to provide a party with economic assistance for a set
  245  period of time following a short-term, mid-term, or long-term
  246  marriage of short or moderate duration or following a marriage
  247  of long duration if there is no ongoing need for support on a
  248  permanent basis. When awarding durational alimony, the court
  249  must make written findings that an award of another form of
  250  alimony or a combination of the other forms of alimony is not
  251  appropriate. An award of durational alimony terminates upon the
  252  death of either party or upon the remarriage of the party
  253  receiving alimony. The amount of an award of durational alimony
  254  shall may be modified or terminated based upon a substantial
  255  change in circumstances or upon the existence of a supportive
  256  relationship in accordance with s. 61.14. However, The length of
  257  an award of durational alimony may not be modified except under
  258  exceptional circumstances and may not exceed 50 percent of the
  259  length of the marriage, unless the party seeking alimony proves
  260  by clear and convincing evidence the circumstances justifying
  261  the need for a longer award of alimony, which circumstances must
  262  be set out in writing by the court the length of the marriage.
  263         (8)(a) There is a rebuttable presumption against awarding
  264  alimony for a short-term marriage. A party seeking alimony may
  265  overcome this presumption by demonstrating by clear and
  266  convincing evidence a need for alimony. If the court finds that
  267  the party has met its burden in demonstrating a need for alimony
  268  and that the other party has the ability to pay alimony, the
  269  court shall determine a monthly award of alimony that may not
  270  exceed 20 percent of the obligor’s monthly net income.
  271         (b)There is no presumption in favor of either party to an
  272  award of alimony for a mid-term marriage. A party seeking such
  273  alimony must prove by a preponderance of the evidence a need for
  274  alimony. If the court finds that the party has met its burden in
  275  demonstrating a need for alimony and that the other party has
  276  the ability to pay alimony, the court shall determine a monthly
  277  alimony obligation that may not exceed 30 percent of the
  278  obligor’s monthly net income.
  279         (c) There is a rebuttable presumption in favor of awarding
  280  alimony for a long-term marriage. A party against whom alimony
  281  is sought may overcome this presumption by demonstrating by
  282  clear and convincing evidence that there is no need for alimony.
  283  If the court finds that the party against whom alimony is sought
  284  fails to meet its burden to demonstrate that there is no need
  285  for alimony and that the party has the ability to pay alimony,
  286  the court shall determine a monthly alimony obligation that may
  287  not exceed 33 percent of the obligor’s monthly net income.
  288         (9) The court may order alimony exceeding the monthly net
  289  income limits established in subsection (8) if the court
  290  determines, in accordance with the factors in subsection (3),
  291  that there is a need for additional alimony, which determination
  292  must be set out in writing. Permanent alimony may be awarded to
  293  provide for the needs and necessities of life as they were
  294  established during the marriage of the parties for a party who
  295  lacks the financial ability to meet his or her needs and
  296  necessities of life following a dissolution of marriage.
  297  Permanent alimony may be awarded following a marriage of long
  298  duration if such an award is appropriate upon consideration of
  299  the factors set forth in subsection (2), following a marriage of
  300  moderate duration if such an award is appropriate based upon
  301  clear and convincing evidence after consideration of the factors
  302  set forth in subsection (2), or following a marriage of short
  303  duration if there are written findings of exceptional
  304  circumstances. In awarding permanent alimony, the court shall
  305  include a finding that no other form of alimony is fair and
  306  reasonable under the circumstances of the parties. An award of
  307  permanent alimony terminates upon the death of either party or
  308  upon the remarriage of the party receiving alimony. An award may
  309  be modified or terminated based upon a substantial change in
  310  circumstances or upon the existence of a supportive relationship
  311  in accordance with s. 61.14.
  312         (10) A party against whom alimony is sought who has met the
  313  requirements for retirement in accordance with s. 61.14(12)
  314  before the filing of the petition for dissolution is not
  315  required to pay alimony unless the party seeking alimony proves
  316  by clear and convincing evidence the other party has the ability
  317  to pay alimony, in addition to all other requirements of this
  318  section.
  319         (11)(9)Notwithstanding any other law, alimony may not be
  320  awarded to a party who has a monthly net income that is equal to
  321  or more than the other party. Except in the case of a long-term
  322  marriage, in awarding alimony, the court shall impute income to
  323  the obligor and obligee as follows:
  324         (a) In the case of the obligor, social security retirement
  325  benefits may not be imputed to the obligor, as demonstrated by a
  326  social security retirement benefits entitlement letter.
  327         (b) In the case of the obligee, if the obligee:
  328         1. Is unemployed at the time the petition is filed and has
  329  been unemployed for less than 1 year before the time of the
  330  filing of the petition, the obligee’s monthly net income shall
  331  be imputed at 90 percent of the obligee’s prior monthly net
  332  income.
  333         2.Is unemployed at the time the petition is filed and has
  334  been unemployed for at least 1 year but less than 2 years before
  335  the time of the filing of the petition, the obligee’s monthly
  336  net income shall be imputed at 80 percent of the obligee’s prior
  337  monthly net income.
  338         3.Is unemployed at the time the petition is filed and has
  339  been unemployed for at least 2 years but less than 3 years
  340  before the time of the filing of the petition, the obligee’s
  341  monthly net income shall be imputed at 70 percent of the
  342  obligee’s prior monthly net income.
  343         4.Is unemployed at the time the petition is filed and has
  344  been unemployed for at least 3 years but less than 4 years
  345  before the time of the filing of the petition, the obligee’s
  346  monthly net income shall be imputed at 60 percent of the
  347  obligee’s prior monthly net income.
  348         5.Is unemployed at the time the petition is filed and has
  349  been unemployed for at least 4 years but less than 5 years
  350  before the time of the filing of the petition, the obligee’s
  351  monthly net income shall be imputed at 50 percent of the
  352  obligee’s prior monthly net income.
  353         6.Is unemployed at the time the petition is filed and has
  354  been unemployed for at least 5 years before the time of the
  355  filing of the petition, the obligee’s monthly net income shall
  356  be imputed at 40 percent of the obligee’s prior monthly net
  357  income, or the monthly net income of a minimum wage earner at
  358  the time of the filing of the petition, whichever is greater.
  359         7.Proves by a preponderance of the evidence that he or she
  360  does not have the ability to earn the imputed income through
  361  reasonable means, the court shall reduce the imputation of
  362  income specified in this paragraph. The award of alimony may not
  363  leave the payor with significantly less net income than the net
  364  income of the recipient unless there are written findings of
  365  exceptional circumstances.
  366         (12)(a)(10)(a) With respect to any order requiring the
  367  payment of alimony entered on or after January 1, 1985, unless
  368  the provisions of paragraph (c) or paragraph (d) applies apply,
  369  the court shall direct in the order that the payments of alimony
  370  be made through the appropriate depository as provided in s.
  371  61.181.
  372         (b) With respect to any order requiring the payment of
  373  alimony entered before January 1, 1985, upon the subsequent
  374  appearance, on or after that date, of one or both parties before
  375  the court having jurisdiction for the purpose of modifying or
  376  enforcing the order or in any other proceeding related to the
  377  order, or upon the application of either party, unless the
  378  provisions of paragraph (c) or paragraph (d) applies apply, the
  379  court shall modify the terms of the order as necessary to direct
  380  that payments of alimony be made through the appropriate
  381  depository as provided in s. 61.181.
  382         (c) If there is no minor child, alimony payments need not
  383  be directed through the depository.
  384         (d)1. If there is a minor child of the parties and both
  385  parties so request, the court may order that alimony payments
  386  need not be directed through the depository. In this case, the
  387  order of support must shall provide, or be deemed to provide,
  388  that either party may subsequently apply to the depository to
  389  require that payments be made through the depository. The court
  390  shall provide a copy of the order to the depository.
  391         2. If the provisions of subparagraph 1. applies apply,
  392  either party may subsequently file with the depository an
  393  affidavit alleging default or arrearages in payment and stating
  394  that the party wishes to initiate participation in the
  395  depository program. The party shall provide copies of the
  396  affidavit to the court and the other party or parties. Fifteen
  397  days after receipt of the affidavit, the depository shall notify
  398  all parties that future payments shall be directed to the
  399  depository.
  400         3. In IV-D cases, the IV-D agency has shall have the same
  401  rights as the obligee in requesting that payments be made
  402  through the depository.
  403         Section 3. Section 61.09, Florida Statutes, is amended to
  404  read:
  405         61.09 Alimony and child support unconnected with
  406  dissolution.—If a person having the ability to contribute to the
  407  maintenance of his or her spouse and support of his or her minor
  408  child fails to do so, the spouse who is not receiving support
  409  may apply to the court for alimony and for support for the child
  410  without seeking dissolution of marriage, and the court shall
  411  enter an order as it deems just and proper. Alimony awarded
  412  under this section shall be calculated in accordance with s.
  413  61.08.
  414         Section 4. Paragraph (c) of subsection (2) of section
  415  61.13, Florida Statutes, is amended to read:
  416         61.13 Support of children; parenting and time-sharing;
  417  powers of court.—
  418         (2)
  419         (c) The court shall determine all matters relating to
  420  parenting and time-sharing of each minor child of the parties in
  421  accordance with the best interests of the child and in
  422  accordance with the Uniform Child Custody Jurisdiction and
  423  Enforcement Act, except that modification of a parenting plan
  424  and time-sharing schedule requires a showing of a substantial,
  425  material, and unanticipated change of circumstances.
  426         1. It is the public policy of this state that each minor
  427  child has frequent and continuing contact with both parents
  428  after the parents separate or the marriage of the parties is
  429  dissolved and to encourage parents to share the rights and
  430  responsibilities, and joys, of childrearing. There is no
  431  presumption for or against the father or mother of the child or
  432  for or against any specific time-sharing schedule when creating
  433  or modifying the parenting plan of the child. Equal time-sharing
  434  with a minor child by both parents is presumed to be in the best
  435  interests of the child unless the court finds that:
  436         a. The safety, well-being, and physical, mental, and
  437  emotional health of the child would be endangered by equal time
  438  sharing, that visitation would be presumed detrimental
  439  consistent with s. 39.0139(3), or that supervised visitation is
  440  appropriate, if any is appropriate;
  441         b. Clear and convincing evidence of extenuating
  442  circumstances justify a departure from equal time-sharing and
  443  the court makes written findings justifying the departure from
  444  equal time-sharing;
  445         c. A parent is incarcerated;
  446         d. The distance between parental residences makes equal
  447  time-sharing impracticable;
  448         e. A parent does not request at least 50 percent time
  449  sharing;
  450         f. A parent has been convicted of a misdemeanor of the
  451  first degree or higher involving domestic violence; or
  452         g. A parent is subject to an injunction for protection
  453  against domestic violence.
  454         2. The court shall order that the parental responsibility
  455  for a minor child be shared by both parents unless the court
  456  finds that shared parental responsibility would be detrimental
  457  to the child. Evidence that a parent has been convicted of a
  458  misdemeanor of the first degree or higher involving domestic
  459  violence, as defined in s. 741.28 and chapter 775, or meets the
  460  criteria of s. 39.806(1)(d), creates a rebuttable presumption of
  461  detriment to the child. If the presumption is not rebutted after
  462  the convicted parent is advised by the court that the
  463  presumption exists, shared parental responsibility, including
  464  time-sharing with the child, and decisions made regarding the
  465  child, may not be granted to the convicted parent. However, the
  466  convicted parent is not relieved of any obligation to provide
  467  financial support. If the court determines that shared parental
  468  responsibility would be detrimental to the child, it may order
  469  sole parental responsibility and make such arrangements for
  470  time-sharing as specified in the parenting plan as will best
  471  protect the child or abused spouse from further harm. Whether or
  472  not there is a conviction of any offense of domestic violence or
  473  child abuse or the existence of an injunction for protection
  474  against domestic violence, the court shall consider evidence of
  475  domestic violence or child abuse as evidence of detriment to the
  476  child.
  477         a. In ordering shared parental responsibility, the court
  478  may consider the expressed desires of the parents and may grant
  479  to one party the ultimate responsibility over specific aspects
  480  of the child’s welfare or may divide those responsibilities
  481  between the parties based on the best interests of the child.
  482  Areas of responsibility may include education, health care, and
  483  any other responsibilities that the court finds unique to a
  484  particular family.
  485         b. The court shall order sole parental responsibility for a
  486  minor child to one parent, with or without time-sharing with the
  487  other parent if it is in the best interests of the minor child.
  488  3. Access to records and information pertaining to a minor
  489  child, including, but not limited to, medical, dental, and
  490  school records, may not be denied to either parent. Full rights
  491  under this subparagraph apply to either parent unless a court
  492  order specifically revokes these rights, including any
  493  restrictions on these rights as provided in a domestic violence
  494  injunction. A parent having rights under this subparagraph has
  495  the same rights upon request as to form, substance, and manner
  496  of access as are available to the other parent of a child,
  497  including, without limitation, the right to in-person
  498  communication with medical, dental, and education providers.
  499         Section 5. The amendment by this act to s. 61.13, Florida
  500  Statutes, which creates a presumption in favor of equal time
  501  sharing applies prospectively to initial final custody orders
  502  made on or after July 1, 2013. The amendments do not constitute
  503  a substantial change in circumstances which warrant the
  504  modification of a final custody order entered before July 1,
  505  2013.
  506         Section 6. Subsection (1) of section 61.14, Florida
  507  Statutes, is amended, paragraph (c) is added to subsection (11)
  508  of that section, and subsection (12) is added to that section,
  509  to read:
  510         61.14 Enforcement and modification of support, maintenance,
  511  or alimony agreements or orders.—
  512         (1)(a) When the parties enter into an agreement for
  513  payments for, or instead of, support, maintenance, or alimony,
  514  whether in connection with a proceeding for dissolution or
  515  separate maintenance or with any voluntary property settlement,
  516  or when a party is required by court order to make any payments,
  517  and the circumstances or the financial ability of either party
  518  changes or the child who is a beneficiary of an agreement or
  519  court order as described herein reaches majority after the
  520  execution of the agreement or the rendition of the order, either
  521  party may apply to the circuit court of the circuit in which the
  522  parties, or either of them, resided at the date of the execution
  523  of the agreement or reside at the date of the application, or in
  524  which the agreement was executed or in which the order was
  525  rendered, for an order terminating, decreasing, or increasing
  526  the amount of support, maintenance, or alimony, and the court
  527  has jurisdiction to make orders as equity requires, with due
  528  regard to the changed circumstances or the financial ability of
  529  the parties or the child, decreasing, increasing, or confirming
  530  the amount of separate support, maintenance, or alimony provided
  531  for in the agreement or order. A finding that medical insurance
  532  is reasonably available or the child support guidelines schedule
  533  in s. 61.30 may constitute changed circumstances. Except as
  534  otherwise provided in s. 61.30(11)(c), the court may modify an
  535  order of support, maintenance, or alimony by terminating,
  536  increasing, or decreasing the support, maintenance, or alimony
  537  retroactively to the date of the filing of the action or
  538  supplemental action for modification as equity requires, giving
  539  due regard to the changed circumstances or the financial ability
  540  of the parties or the child.
  541         (b)1. An alimony order shall be modified upward upon a
  542  showing by clear and convincing evidence of an increased ability
  543  to pay alimony. Clear and convincing evidence must include, but
  544  need not limited to, federal tax returns. An increase in an
  545  obligor’s income may not be considered permanent in nature
  546  unless the increase has been maintained without interruption for
  547  at least 2 years, taking into account the obligor’s ability to
  548  sustain his or her income.
  549         2.1.Notwithstanding subparagraph 1., the court shall may
  550  reduce or terminate an award of alimony upon specific written
  551  findings by the court that since the granting of a divorce and
  552  the award of alimony, a supportive relationship has existed
  553  between the obligee and another a person, except upon a showing
  554  by clear and convincing evidence by the obligee that his or her
  555  long-term need for alimony, taking into account the totality of
  556  the circumstances, has not been reduced by the supportive
  557  relationship with whom the obligee resides. On the issue of
  558  whether alimony should be reduced or terminated under this
  559  paragraph, the burden is on the obligor to prove by a
  560  preponderance of the evidence that a supportive relationship
  561  exists.
  562         3.2. In determining whether an existing award of alimony
  563  should be reduced or terminated because of an alleged supportive
  564  relationship between an obligee and a person who is not related
  565  by consanguinity or affinity and with whom the obligee resides,
  566  the court shall elicit the nature and extent of the relationship
  567  in question. The court shall give consideration, without
  568  limitation, to circumstances, including, but not limited to, the
  569  following, in determining the relationship of an obligee to
  570  another person:
  571         a. The extent to which the obligee and the other person
  572  have held themselves out as a married couple by engaging in
  573  conduct such as using the same last name, using a common mailing
  574  address, referring to each other in terms such as “my husband”
  575  or “my wife,” or otherwise conducting themselves in a manner
  576  that evidences a permanent supportive relationship.
  577         b. The period of time that the obligee has resided with the
  578  other person in a permanent place of abode.
  579         c. The extent to which the obligee and the other person
  580  have pooled their assets or income or otherwise exhibited
  581  financial interdependence.
  582         d. The extent to which the obligee or the other person has
  583  supported the other, in whole or in part.
  584         e. The extent to which the obligee or the other person has
  585  performed valuable services for the other.
  586         f. The extent to which the obligee or the other person has
  587  performed valuable services for the other’s company or employer.
  588         g. Whether the obligee and the other person have worked
  589  together to create or enhance anything of value.
  590         h. Whether the obligee and the other person have jointly
  591  contributed to the purchase of any real or personal property.
  592         i. Evidence in support of a claim that the obligee and the
  593  other person have an express agreement regarding property
  594  sharing or support.
  595         j. Evidence in support of a claim that the obligee and the
  596  other person have an implied agreement regarding property
  597  sharing or support.
  598         k. Whether the obligee and the other person have provided
  599  support to the children of one another, regardless of any legal
  600  duty to do so.
  601         4.3. This paragraph does not abrogate the requirement that
  602  every marriage in this state be solemnized under a license, does
  603  not recognize a common law marriage as valid, and does not
  604  recognize a de facto marriage. This paragraph recognizes only
  605  that relationships do exist that provide economic support
  606  equivalent to a marriage and that alimony terminable on
  607  remarriage may be reduced or terminated upon the establishment
  608  of equivalent equitable circumstances as described in this
  609  paragraph. The existence of a conjugal relationship, though it
  610  may be relevant to the nature and extent of the relationship, is
  611  not necessary for the application of the provisions of this
  612  paragraph.
  613         5. There is a rebuttable presumption that any modification
  614  or termination of an alimony award is retroactive to the date of
  615  the filing of the petition. In an action under this section, if
  616  it is determined that the obligee unnecessarily or unreasonably
  617  litigated the underlying petition for modification or
  618  termination, the court may award the obligor his or her
  619  reasonable attorney fees and costs pursuant to s. 61.16 and
  620  applicable case law.
  621         (c) For each support order reviewed by the department as
  622  required by s. 409.2564(11), if the amount of the child support
  623  award under the order differs by at least 10 percent but not
  624  less than $25 from the amount that would be awarded under s.
  625  61.30, the department shall seek to have the order modified and
  626  any modification shall be made without a requirement for proof
  627  or showing of a change in circumstances.
  628         (d) The department may shall have authority to adopt rules
  629  to administer implement this section.
  630         (11)
  631         (c) If the court orders alimony payable concurrent with a
  632  child support order, the alimony award may not be modified
  633  solely because of a later reduction or termination of child
  634  support payments, unless the alimony award as determined by the
  635  court at the time of dissolution is insufficient to meet the
  636  needs of the obligee.
  637         (12)(a) The fact that an obligor has reached a reasonable
  638  retirement age for his or her profession, has retired, and has
  639  no intent to return to work, or has reached the normal
  640  retirement age for social security benefits, is considered a
  641  substantial change in circumstances as a matter of law. An
  642  obligor who has reached the normal retirement age for social
  643  security benefits shall be considered to have reached a
  644  reasonable retirement age. With regard to an obligor who has
  645  retired before the normal retirement age for social security
  646  benefits, the court shall consider the following in determining
  647  whether the obligor’s retirement age is reasonable:
  648         1. Age.
  649         2. Health.
  650         3. Type of work.
  651         4. Normal retirement age for that type of work.
  652         (b) In anticipation of retirement, the obligor may file a
  653  petition for termination or modification of the alimony award
  654  effective upon the earlier of the retirement date or the date
  655  the obligor reaches the normal retirement age for social
  656  security benefits. The court shall terminate the award or reduce
  657  the award based on the circumstances of the parties after
  658  retirement and based on the factors in s. 61.08, unless the
  659  obligee proves by clear and convincing evidence that the need
  660  for alimony at the present level continues to exist and that the
  661  obligor’s ability to pay has not been diminished.
  662         Section 7. Section 61.19, Florida Statutes, is amended to
  663  read:
  664         61.19 Entry of judgment of dissolution of marriage;, delay
  665  period; separate adjudication of issues.—
  666         (1)A No final judgment of dissolution of marriage may not
  667  be entered until at least 20 days have elapsed from the date of
  668  filing the original petition for dissolution of marriage,; but
  669  the court, on a showing that injustice would result from this
  670  delay, may enter a final judgment of dissolution of marriage at
  671  an earlier date.
  672         (2)(a) During the first 180 days after the date of service
  673  of the original petition for dissolution of marriage, the court
  674  may not grant a final dissolution of marriage with a reservation
  675  of jurisdiction to subsequently determine all other substantive
  676  issues unless the court makes written findings that there are
  677  exceptional circumstances that make the use of this process
  678  clearly necessary to protect the parties or their children and
  679  that granting a final dissolution will not cause irreparable
  680  harm to either party or the children. Before granting a final
  681  dissolution of marriage with a reservation of jurisdiction to
  682  subsequently determine all other substantive issues, the court
  683  shall enter temporary orders necessary to protect the parties
  684  and their children, which orders remain effective until all
  685  other issues can be adjudicated by the court. The desire of one
  686  party to remarry does not justify the use of this process.
  687         (b) If more than 180 days have elapsed after the date of
  688  service of the original petition for dissolution of marriage,
  689  the court may grant a final dissolution of marriage with a
  690  reservation of jurisdiction to subsequently determine all other
  691  substantive issues only if the court enters temporary orders
  692  necessary to protect the parties and their children, which
  693  orders remain effective until such time as all other issues can
  694  be adjudicated by the court, and makes a written finding that no
  695  irreparable harm will result from granting a final dissolution.
  696         (c)If more than 365 days have elapsed after the date of
  697  service of the original petition for dissolution of marriage,
  698  absent a showing by either party that irreparable harm will
  699  result from granting a final dissolution, the court shall, upon
  700  request of either party, immediately grant a final dissolution
  701  of marriage with a reservation of jurisdiction to subsequently
  702  determine all other substantive issues. Before granting a final
  703  dissolution of marriage with a reservation of jurisdiction to
  704  subsequently determine all other substantive issues, the court
  705  shall enter temporary orders necessary to protect the parties
  706  and their children, which orders remain effective until all
  707  other issues can be adjudicated by the court.
  708         (d)The temporary orders necessary to protect the parties
  709  and their children entered before granting a dissolution of
  710  marriage without an adjudication of all substantive issues may
  711  include, but are not limited to, temporary orders that:
  712         1.Restrict the sale or disposition of property.
  713         2.Protect and preserve the marital assets.
  714         3.Establish temporary support.
  715         4.Provide for maintenance of health insurance.
  716         5.Provide for maintenance of life insurance.
  717         (e)The court is not required to enter temporary orders to
  718  protect the parties and their children if the court enters a
  719  final judgment of dissolution of marriage which adjudicates
  720  substantially all of the substantive issues between the parties
  721  but reserves jurisdiction to address ancillary issues such as
  722  the entry of a qualified domestic relations order or the
  723  adjudication of attorney fees and costs.
  724         Section 8. (1) The amendments to chapter 61, Florida
  725  Statutes, made by this act apply to all initial awards of, and
  726  agreements for, alimony entered before July 1, 2013, and to all
  727  modifications of such awards or agreements made before July 1,
  728  2013, with the exception of agreements that are expressly
  729  nonmodifiable. Such amendments may serve as a basis to modify
  730  awards entered before July 1, 2013, or as a basis to change the
  731  amount or duration of an award existing before July 1, 2013.
  732  Such amendments also serve as a basis to modify an agreement for
  733  alimony, unless the agreement is expressly nonmodifiable, if the
  734  agreement is 25 percent or more in duration or amount than an
  735  alimony award calculated under the amendments made by this act.
  736         (2) An obligor whose initial award or modification of such
  737  award was made before July 1, 2013, may file a modification
  738  action according to the following schedule:
  739         (a) An obligor who was married to the alimony recipient 8
  740  years or less may file a modification action on or after July 1,
  741  2013.
  742         (b) An obligor who was married to the alimony recipient 8
  743  years or more, but less than 15 years, may file a modification
  744  action on or after July 1, 2014.
  745         (c)An obligor who has agreed to durational alimony of less
  746  than 10 years may file a modification action on or after July 1,
  747  2015.
  748         (3) An obligor whose initial agreement or modification of
  749  such agreement was made before July 1, 2013, may file a
  750  modification action according to the following schedule:
  751         (a) An obligor who has agreed to permanent alimony may file
  752  a modification action on or after July 1, 2013.
  753         (b) An obligor who has agreed to durational alimony of 10
  754  years or more may file a modification action on or after July 1,
  755  2014.
  756         (c) An obligor who has agreed to durational alimony of more
  757  than 5 years but less than 10 years may file a modification
  758  action on or after July 1, 2015.
  759         Section 9. This act shall take effect July 1, 2013.