Florida Senate - 2013                       CS for CS for SB 718
       
       
       
       By the Committees on Rules; and Judiciary; and Senators Stargel,
       Grimsley, Richter, Thrasher, Soto, and Altman
       
       
       
       595-02834-13                                           2013718c2
    1                        A bill to be entitled                      
    2         An act relating to family law; amending s. 61.071,
    3         F.S.; requiring that alimony pendente lite be
    4         calculated in accordance with s. 61.08, F.S.; amending
    5         s. 61.075, F.S.; redefining the term “marital assets
    6         and liabilities” for purposes of equitable
    7         distribution in dissolution of marriage actions;
    8         providing that the term includes the paydown of
    9         principal of notes and mortgages secured by nonmarital
   10         real property and certain passive appreciation in such
   11         property under	certain circumstances; providing
   12         formulas and guidelines for determining the amount of
   13         such passive appreciation; requiring security and
   14         interest relating to the installment payment of such
   15         assets; providing exceptions; permitting the court to
   16         provide written findings regarding any installment
   17         payments; amending s. 61.08, F.S.; defining terms;
   18         providing for the priority of bridge-the-gap alimony,
   19         followed by rehabilitative alimony, over any other
   20         form; requiring a court to make written findings
   21         regarding the basis for awarding a combination of
   22         forms of alimony, including the type of alimony and
   23         length of time for which it is awarded; providing that
   24         the party seeking alimony has the burden of proof of
   25         demonstrating a need for alimony and that the other
   26         party has the ability to pay alimony; requiring the
   27         court to consider specified relevant factors when
   28         determining the proper type and amount of alimony;
   29         revising provisions relating to the protection of
   30         awards of alimony; revising provisions for an award of
   31         durational alimony; specifying criteria related to the
   32         rebuttable presumption to award or not to award
   33         alimony; deleting a provision authorizing permanent
   34         alimony; providing for retirement of a party against
   35         whom alimony is sought; providing for imputation of
   36         income to the obligor or obligee in certain
   37         circumstances; amending s. 61.09, F.S.; providing for
   38         the calculation of alimony; amending s. 61.13, F.S.;
   39         establishing a presumption that it is in the best
   40         interest of the child for the court to order equal
   41         time-sharing for each minor child; providing
   42         exceptions; providing prospective applicability of the
   43         presumption; amending s. 61.14, F.S.; authorizing a
   44         party to apply for an order to terminate the amount of
   45         support, maintenance, or alimony; requiring that an
   46         alimony order be modified upward upon a showing by
   47         clear and convincing evidence of an increased ability
   48         to pay alimony by the other party; prohibiting an
   49         increase in an obligor’s income from being considered
   50         permanent in nature until it has been maintained for a
   51         specified period without interruption; providing an
   52         exemption from the reduction or termination of an
   53         alimony award in certain circumstances; providing that
   54         there is a rebuttable presumption that any
   55         modification or termination of an alimony award is
   56         retroactive to the date of the filing of the petition;
   57         providing for an award of attorney fees and costs if
   58         it is determined that an obligee unnecessarily or
   59         unreasonably litigates a petition for modification or
   60         termination of an alimony award; prohibiting an
   61         alimony award from being modified providing that if
   62         the court orders alimony concurrent with a child
   63         support order, the alimony award may not be modified
   64         because of the later modification or termination of
   65         child support payments; providing that an obligor’s
   66         subsequent remarriage or cohabitation is not a basis
   67         for modification of alimony; providing that income and
   68         assets of obligor’s subsequent spouse or person with
   69         whom the obligor is residing are generally not
   70         relevant to modification; providing that the attaining
   71         of retirement age is a substantial change in
   72         circumstances; requiring the court to consider certain
   73         factors in determining whether the obligor’s
   74         retirement is reasonable; requiring a court to
   75         terminate or reduce an alimony award based on certain
   76         factors; amending s. 61.19, F.S.; authorizing separate
   77         adjudication of issues in a dissolution of marriage
   78         case in certain circumstances; providing for temporary
   79         orders necessary to protect the parties and their
   80         children; providing for retroactive application of the
   81         act to alimony awards entered before July 1, 2013;
   82         providing an exception; providing allowable dates for
   83         the modification of such awards; providing an
   84         effective date.
   85  
   86  Be It Enacted by the Legislature of the State of Florida:
   87  
   88         Section 1. Section 61.071, Florida Statutes, is amended to
   89  read:
   90         61.071 Alimony pendente lite; suit money.—In every
   91  proceeding for dissolution of the marriage, a party may claim
   92  alimony and suit money in the petition or by motion, and if the
   93  petition is well founded, the court shall allow alimony
   94  calculated in accordance with s. 61.08 and a reasonable sum of
   95  suit money therefor. If a party in any proceeding for
   96  dissolution of marriage claims alimony or suit money in his or
   97  her answer or by motion, and the answer or motion is well
   98  founded, the court shall allow alimony calculated in accordance
   99  with s. 61.08 and a reasonable sum of suit money therefor.
  100         Section 2. Paragraph (a) of subsection (6) and subsection
  101  (10) of section 61.075, Florida Statutes, are amended to read:
  102         61.075 Equitable distribution of marital assets and
  103  liabilities.—
  104         (6) As used in this section:
  105         (a)1. “Marital assets and liabilities” include:
  106         a. Assets acquired and liabilities incurred during the
  107  marriage, individually by either spouse or jointly by them.
  108         b. The enhancement in value and appreciation of nonmarital
  109  assets resulting either from the efforts of either party during
  110  the marriage or from the contribution to or expenditure thereon
  111  of marital funds or other forms of marital assets, or both.
  112         c. The paydown of principal of a note and mortgage secured
  113  by nonmarital real property and a portion of any passive
  114  appreciation in the property, if the note and mortgage secured
  115  by the property are paid down from marital funds during the
  116  marriage. The portion of passive appreciation in the property
  117  characterized as marital and subject to equitable distribution
  118  shall be determined by multiplying a coverture fraction by the
  119  passive appreciation in the property during the marriage.
  120         (I) The passive appreciation shall be determined by
  121  subtracting the gross value of the property on the date of the
  122  marriage or the date of acquisition of the property, whichever
  123  is later, from the value of the property on the valuation date
  124  in the dissolution action, less any active appreciation of the
  125  property during the marriage, pursuant to sub-subparagraph b.,
  126  and less any additional encumbrances secured by the property
  127  during the marriage in excess of the first note and mortgage on
  128  which principal is paid from marital funds.
  129         (II) The coverture fraction shall consist of a numerator,
  130  defined as the total paydown of principal from marital funds of
  131  all notes and mortgages secured by the property during the
  132  marriage, and a denominator, defined as the value of the subject
  133  real property on the date of the marriage, the date of
  134  acquisition of the property, or the date the property was
  135  encumbered by the first note and mortgage on which principal was
  136  paid from marital funds, whichever is later.
  137         (III) The passive appreciation shall be multiplied by the
  138  coverture fraction to determine the marital portion of the
  139  passive appreciation in the property.
  140         (IV) The total marital portion of the property shall
  141  consist of the marital portion of the passive appreciation,
  142  pursuant to subparagraph 3., the mortgage principal paid during
  143  the marriage from marital funds, and any active appreciation of
  144  the property, pursuant to sub-subparagraph b., not to exceed the
  145  total net equity in the property at the date of valuation.
  146         (V) The court shall apply this formula unless a party shows
  147  circumstances sufficient to establish that application of the
  148  formula would be inequitable under the facts presented.
  149         d.c. Interspousal gifts during the marriage.
  150         e.d. All vested and nonvested benefits, rights, and funds
  151  accrued during the marriage in retirement, pension, profit
  152  sharing, annuity, deferred compensation, and insurance plans and
  153  programs.
  154         2. All real property held by the parties as tenants by the
  155  entireties, whether acquired prior to or during the marriage,
  156  shall be presumed to be a marital asset. If, in any case, a
  157  party makes a claim to the contrary, the burden of proof shall
  158  be on the party asserting the claim that the subject property,
  159  or some portion thereof, is nonmarital.
  160         3. All personal property titled jointly by the parties as
  161  tenants by the entireties, whether acquired prior to or during
  162  the marriage, shall be presumed to be a marital asset. In the
  163  event a party makes a claim to the contrary, the burden of proof
  164  shall be on the party asserting the claim that the subject
  165  property, or some portion thereof, is nonmarital.
  166         4. The burden of proof to overcome the gift presumption
  167  shall be by clear and convincing evidence.
  168         (10)(a) To do equity between the parties, the court may, in
  169  lieu of or to supplement, facilitate, or effectuate the
  170  equitable division of marital assets and liabilities, order a
  171  monetary payment in a lump sum or in installments paid over a
  172  fixed period of time.
  173         (b)If installment payments are ordered, the court may
  174  require security and a reasonable rate of interest, or otherwise
  175  recognize the time value of money in determining the amount of
  176  the installments. If security or interest is required, the court
  177  shall make written findings relating to any deferred payments,
  178  the amount of any security required, and the interest. This
  179  subsection does not preclude the application of chapter 55 to
  180  any subsequent default.
  181         Section 3. Section 61.08, Florida Statutes, is amended to
  182  read:
  183         61.08 Alimony.—
  184         (1)As used in this section, the term:
  185         (a)“Alimony” means a court-ordered payment of support by
  186  an obligor spouse to an obligee spouse.
  187         (b)“Long-term marriage” means a marriage having a duration
  188  of 20 years or more, as measured from the date of the marriage
  189  to the date of filing the petition for dissolution.
  190         (c)“Mid-term marriage” means a marriage having a duration
  191  of more than 12 years but less than 20 years, as measured from
  192  the date of the marriage to the date of filing the petition for
  193  dissolution.
  194         (d)“Net income” means net income as determined in
  195  accordance with s. 61.30.
  196         (e)“Short-term marriage” means a marriage having a
  197  duration equal to or less than 12 years, as measured from the
  198  date of the marriage to the date of filing the petition for
  199  dissolution.
  200         (2)(a)(1) In a proceeding for dissolution of marriage, the
  201  court may grant alimony to either party in the form of, which
  202  alimony may be bridge-the-gap, rehabilitative, or durational
  203  alimony, or a permanent in nature or any combination of these
  204  forms of alimony, but shall prioritize an award of bridge-the
  205  gap alimony, followed by rehabilitative alimony, over any other
  206  form of alimony. In an any award of alimony, the court may order
  207  periodic payments, or payments in lump sum, or both.
  208         (b)The court shall make written findings regarding the
  209  basis for awarding a combination of forms of alimony, including
  210  the type of alimony and the length of time for which it is
  211  awarded. The court may award only a combination of forms of
  212  alimony to provide greater economic assistance in order to allow
  213  the recipient to achieve rehabilitation.
  214         (c) The court may consider the adultery of either party
  215  spouse and the circumstances thereof in determining the amount
  216  of alimony, if any, to be awarded.
  217         (d) In all dissolution actions, the court shall include
  218  written findings of fact relative to the factors enumerated in
  219  subsection (3) (2) supporting an award or denial of alimony.
  220         (3)(2)The party seeking alimony has the burden of proof of
  221  demonstrating a need for alimony in accordance with subsection
  222  (8) and that the other party has the ability to pay alimony. In
  223  determining whether to award alimony or maintenance, the court
  224  shall first make, in writing, a specific factual determination
  225  as to whether the other either party has an actual need for
  226  alimony or maintenance and whether either party has the ability
  227  to pay alimony or maintenance. If the court finds that the a
  228  party seeking alimony has met its burden of proof in
  229  demonstrating a need for alimony or maintenance and that the
  230  other party has the ability to pay alimony or maintenance, then
  231  in determining the proper type and amount of alimony or
  232  maintenance under subsections (5)-(9) (5)-(8), the court shall
  233  consider all relevant factors, including, but not limited to:
  234         (a)The standard of living established during the marriage.
  235         (a)(b) The duration of the marriage.
  236         (b)(c) The age and the physical and emotional condition of
  237  each party.
  238         (c)(d) The financial resources of each party, including the
  239  portion of nonmarital assets that were relied upon by the
  240  parties during the marriage and the marital assets and
  241  liabilities distributed to each.
  242         (d)(e) The earning capacities, educational levels,
  243  vocational skills, and employability of the parties and, when
  244  applicable, the time necessary for either party to acquire
  245  sufficient education or training to enable such party to find
  246  appropriate employment.
  247         (e)(f) The contribution of each party to the marriage,
  248  including, but not limited to, services rendered in homemaking,
  249  child care, education, and career building of the other party.
  250         (f)(g) The responsibilities each party will have with
  251  regard to any minor children that the parties they have in
  252  common.
  253         (g)(h) The tax treatment and consequences to both parties
  254  of an any alimony award, which must be consistent with
  255  applicable state and federal tax laws and may include including
  256  the designation of all or a portion of the payment as a
  257  nontaxable, nondeductible payment.
  258         (h)(i) All sources of income available to either party,
  259  including income available to either party through investments
  260  of any asset held by that party which was acquired during the
  261  marriage or acquired outside the marriage and relied upon during
  262  the marriage.
  263         (i)The needs and necessities of life after dissolution of
  264  marriage, taking into account the lifestyle of the parties
  265  during the marriage but subject to the presumption in paragraph
  266  (j).
  267         (j)The net income and standard of living available to each
  268  party after the application of the alimony award. There is a
  269  rebuttable presumption that both parties will have a lower
  270  standard of living after the dissolution of marriage than the
  271  standard of living they enjoyed during the marriage. This
  272  presumption may be overcome by a preponderance of the evidence.
  273         (k)(j) Any other factor necessary to do equity and justice
  274  between the parties, if that factor is specifically identified
  275  in the award with findings of fact justifying the application of
  276  the factor.
  277         (4)(3) To the extent necessary to protect an award of
  278  alimony, the court may order any party who is ordered to pay
  279  alimony to purchase or maintain a life insurance policy that may
  280  be decreasing or another form of term life insurance at the
  281  option of the obligor or a bond, or to otherwise secure such
  282  alimony award with any other assets that which may be suitable
  283  for that purpose, in an amount adequate to secure the alimony
  284  award. Any such security may be awarded only upon a showing of
  285  special circumstances. If the court finds special circumstances
  286  and awards such security, the court must make specific
  287  evidentiary findings regarding the availability, cost, and
  288  financial impact on the obligated party. Any security may be
  289  modifiable in the event that the underlying alimony award is
  290  modified and shall be reduced in an amount commensurate with any
  291  reduction in the alimony award.
  292         (4)For purposes of determining alimony, there is a
  293  rebuttable presumption that a short-term marriage is a marriage
  294  having a duration of less than 7 years, a moderate-term marriage
  295  is a marriage having a duration of greater than 7 years but less
  296  than 17 years, and long-term marriage is a marriage having a
  297  duration of 17 years or greater. The length of a marriage is the
  298  period of time from the date of marriage until the date of
  299  filing of an action for dissolution of marriage.
  300         (5) Bridge-the-gap alimony may be awarded to assist a party
  301  by providing support to allow the party to make a transition
  302  from being married to being single. Bridge-the-gap alimony is
  303  designed to assist a party with legitimate identifiable short
  304  term needs, and the length of an award may not exceed 2 years.
  305  An award of bridge-the-gap alimony terminates upon the death of
  306  either party or upon the remarriage of the party receiving
  307  alimony. An award of bridge-the-gap alimony is shall not be
  308  modifiable in amount or duration.
  309         (6)(a) Rehabilitative alimony may be awarded to assist a
  310  party in establishing the capacity for self-support through
  311  either:
  312         1. The redevelopment of previous skills or credentials; or
  313         2. The acquisition of education, training, or work
  314  experience necessary to develop appropriate employment skills or
  315  credentials.
  316         (b) In order to award rehabilitative alimony, there must be
  317  a specific and defined rehabilitative plan which shall be
  318  included as a part of any order awarding rehabilitative alimony.
  319         (c) An award of rehabilitative alimony may be modified or
  320  terminated only during the rehabilitative period in accordance
  321  with s. 61.14 based upon a substantial change in circumstances,
  322  upon noncompliance with the rehabilitative plan, or upon
  323  completion of the rehabilitative plan.
  324         (7) Durational alimony may be awarded when permanent
  325  periodic alimony is inappropriate. The purpose of durational
  326  alimony is to provide a party with economic assistance for a set
  327  period of time following a short-term, mid-term, or long-term
  328  marriage of short or moderate duration or following a marriage
  329  of long duration if there is no ongoing need for support on a
  330  permanent basis. When awarding durational alimony, the court
  331  must make written findings that an award of another form of
  332  alimony or a combination of the other forms of alimony is not
  333  appropriate. An award of durational alimony terminates upon the
  334  death of either party or upon the remarriage of the party
  335  receiving alimony. The amount of an award of durational alimony
  336  shall may be modified or terminated based upon a substantial
  337  change in circumstances or upon the existence of a supportive
  338  relationship in accordance with s. 61.14. However, The length of
  339  an award of durational alimony may not be modified except under
  340  exceptional circumstances and may not exceed 50 percent of the
  341  length of the marriage, unless the party seeking alimony proves
  342  by a preponderance of the evidence the circumstances justifying
  343  the need for a longer award of alimony, which circumstances must
  344  be set out in writing by the court the length of the marriage.
  345         (8)(a) There is a rebuttable presumption against awarding
  346  alimony for a short-term marriage. A party seeking bridge-the
  347  gap or rehabilitative alimony may overcome this presumption by
  348  demonstrating by a preponderance of the evidence a need for
  349  alimony. A party seeking durational alimony may overcome this
  350  presumption by demonstrating by clear and convincing evidence a
  351  need for alimony. If the court finds that the party has met its
  352  burden in demonstrating a need for alimony and that the other
  353  party has the ability to pay alimony, the court shall determine
  354  a monthly award of alimony that may not exceed 20 percent of the
  355  obligor’s monthly income.
  356         (b) There is no presumption in favor of either party to an
  357  award of alimony for a mid-term marriage. A party seeking such
  358  alimony must prove by a preponderance of the evidence a need for
  359  alimony. If the court finds that the party has met its burden in
  360  demonstrating a need for alimony and that the other party has
  361  the ability to pay alimony, the court shall determine a monthly
  362  alimony obligation that may not exceed 30 percent of the
  363  obligor’s monthly income.
  364         (c) There is a rebuttable presumption in favor of awarding
  365  alimony for a long-term marriage. A party against whom alimony
  366  is sought may overcome this presumption by demonstrating by
  367  clear and convincing evidence that there is no need for alimony.
  368  If the court finds that the party against whom alimony is sought
  369  fails to meet its burden to demonstrate that there is no need
  370  for alimony and that the party has the ability to pay alimony,
  371  the court shall determine a monthly alimony obligation that may
  372  not exceed 33 percent of the obligor’s monthly income.
  373         (9) The court may order alimony exceeding the monthly
  374  income limits established in subsection (8) if the court
  375  determines, in accordance with the factors in subsection (3),
  376  that there is a need for additional alimony, which determination
  377  must be set out in writing Permanent alimony may be awarded to
  378  provide for the needs and necessities of life as they were
  379  established during the marriage of the parties for a party who
  380  lacks the financial ability to meet his or her needs and
  381  necessities of life following a dissolution of marriage.
  382  Permanent alimony may be awarded following a marriage of long
  383  duration if such an award is appropriate upon consideration of
  384  the factors set forth in subsection (2), following a marriage of
  385  moderate duration if such an award is appropriate based upon
  386  clear and convincing evidence after consideration of the factors
  387  set forth in subsection (2), or following a marriage of short
  388  duration if there are written findings of exceptional
  389  circumstances. In awarding permanent alimony, the court shall
  390  include a finding that no other form of alimony is fair and
  391  reasonable under the circumstances of the parties. An award of
  392  permanent alimony terminates upon the death of either party or
  393  upon the remarriage of the party receiving alimony. An award may
  394  be modified or terminated based upon a substantial change in
  395  circumstances or upon the existence of a supportive relationship
  396  in accordance with s. 61.14.
  397         (10) A party against whom alimony is sought who has met the
  398  requirements for retirement in accordance with s. 61.14(12)
  399  before the filing of the petition for dissolution is not
  400  required to pay alimony unless the party seeking alimony proves
  401  by clear and convincing evidence the other party has the ability
  402  to pay alimony, in addition to all other requirements of this
  403  section.
  404         (11)(9)Notwithstanding any other provision of law, alimony
  405  may not be awarded to a party who has a monthly net income that
  406  is equal to or more than the other party. Except in the case of
  407  a long-term marriage, in awarding alimony, the court shall
  408  impute income to the obligor and obligee as follows:
  409         (a) In the case of the obligor, social security retirement
  410  benefits may not be imputed to the obligor, as demonstrated by a
  411  social security retirement benefits entitlement letter.
  412         (b) In the case of the obligee, if the obligee:
  413         1. Is unemployed at the time the petition is filed and has
  414  been unemployed for less than 1 year before the time of the
  415  filing of the petition, the obligee’s monthly net income shall
  416  be imputed at 90 percent of the obligee’s prior monthly net
  417  income.
  418         2. Is unemployed at the time the petition is filed and has
  419  been unemployed for at least 1 year but less than 2 years before
  420  the time of the filing of the petition, the obligee’s monthly
  421  net income shall be imputed at 80 percent of the obligee’s prior
  422  monthly net income.
  423         3. Is unemployed at the time the petition is filed and has
  424  been unemployed for at least 2 years but less than 3 years
  425  before the time of the filing of the petition, the obligee’s
  426  monthly net income shall be imputed at 70 percent of the
  427  obligee’s prior monthly net income.
  428         4. Is unemployed at the time the petition is filed and has
  429  been unemployed for at least 3 years but less than 4 years
  430  before the time of the filing of the petition, the obligee’s
  431  monthly net income shall be imputed at 60 percent of the
  432  obligee’s prior monthly net income.
  433         5. Is unemployed at the time the petition is filed and has
  434  been unemployed for at least 4 years but less than 5 years
  435  before the time of the filing of the petition, the obligee’s
  436  monthly net income shall be imputed at 50 percent of the
  437  obligee’s prior monthly net income.
  438         6. Is unemployed at the time the petition is filed and has
  439  been unemployed for at least 5 years before the time of the
  440  filing of the petition, the obligee’s monthly net income shall
  441  be imputed at 40 percent of the obligee’s prior monthly net
  442  income, or the monthly net income of a minimum wage earner at
  443  the time of the filing of the petition, whichever is greater.
  444         7. Proves by a preponderance of the evidence that he or she
  445  does not have the ability to earn the imputed income through
  446  reasonable means, the court shall reduce the imputation of
  447  income specified in this paragraph. If the obligee alleges that
  448  a physical disability has impaired his or her ability to earn
  449  the imputed income, such disability must meet the definition of
  450  disability as determined by the Social Security Administration.
  451  The award of alimony may not leave the payor with significantly
  452  less net income than the net income of the recipient unless
  453  there are written findings of exceptional circumstances.
  454         (12)(a)(10)(a) With respect to any order requiring the
  455  payment of alimony entered on or after January 1, 1985, unless
  456  the provisions of paragraph (c) or paragraph (d) applies apply,
  457  the court shall direct in the order that the payments of alimony
  458  be made through the appropriate depository as provided in s.
  459  61.181.
  460         (b) With respect to any order requiring the payment of
  461  alimony entered before January 1, 1985, upon the subsequent
  462  appearance, on or after that date, of one or both parties before
  463  the court having jurisdiction for the purpose of modifying or
  464  enforcing the order or in any other proceeding related to the
  465  order, or upon the application of either party, unless the
  466  provisions of paragraph (c) or paragraph (d) applies apply, the
  467  court shall modify the terms of the order as necessary to direct
  468  that payments of alimony be made through the appropriate
  469  depository as provided in s. 61.181.
  470         (c) If there is no minor child, alimony payments need not
  471  be directed through the depository.
  472         (d)1. If there is a minor child of the parties and both
  473  parties so request, the court may order that alimony payments
  474  need not be directed through the depository. In this case, the
  475  order of support must shall provide, or be deemed to provide,
  476  that either party may subsequently apply to the depository to
  477  require that payments be made through the depository. The court
  478  shall provide a copy of the order to the depository.
  479         2. If the provisions of subparagraph 1. applies apply,
  480  either party may subsequently file with the depository an
  481  affidavit alleging default or arrearages in payment and stating
  482  that the party wishes to initiate participation in the
  483  depository program. The party shall provide copies of the
  484  affidavit to the court and the other party or parties. Fifteen
  485  days after receipt of the affidavit, the depository shall notify
  486  all parties that future payments shall be directed to the
  487  depository.
  488         3. In IV-D cases, the IV-D agency has shall have the same
  489  rights as the obligee in requesting that payments be made
  490  through the depository.
  491         Section 4. Section 61.09, Florida Statutes, is amended to
  492  read:
  493         61.09 Alimony and child support unconnected with
  494  dissolution.—If a person having the ability to contribute to the
  495  maintenance of his or her spouse and support of his or her minor
  496  child fails to do so, the spouse who is not receiving support
  497  may apply to the court for alimony and for support for the child
  498  without seeking dissolution of marriage, and the court shall
  499  enter an order as it deems just and proper. Alimony awarded
  500  under this section shall be calculated in accordance with s.
  501  61.08.
  502         Section 5. Paragraph (c) of subsection (2) of section
  503  61.13, Florida Statutes, is amended to read:
  504         61.13 Support of children; parenting and time-sharing;
  505  powers of court.—
  506         (2)
  507         (c) The court shall determine all matters relating to
  508  parenting and time-sharing of each minor child of the parties in
  509  accordance with the best interests of the child and in
  510  accordance with the Uniform Child Custody Jurisdiction and
  511  Enforcement Act, except that modification of a parenting plan
  512  and time-sharing schedule requires a showing of a substantial,
  513  material, and unanticipated change of circumstances.
  514         1. It is the public policy of this state that each minor
  515  child has frequent and continuing contact with both parents
  516  after the parents separate or the marriage of the parties is
  517  dissolved and to encourage parents to share the rights and
  518  responsibilities, and joys, of childrearing. There is no
  519  presumption for or against the father or mother of the child or
  520  for or against any specific time-sharing schedule when creating
  521  or modifying the parenting plan of the child. Equal time-sharing
  522  with a minor child by both parents is in the best interest of
  523  the child unless the court finds that:
  524         a. The safety, well-being, and physical, mental, and
  525  emotional health of the child would be endangered by equal time
  526  sharing, that visitation would be presumed detrimental
  527  consistent with s. 39.0139(3), or that supervised visitation is
  528  appropriate, if any is appropriate;
  529         b. Clear and convincing evidence of extenuating
  530  circumstances justify a departure from equal time-sharing and
  531  the court makes written findings justifying the departure from
  532  equal time-sharing;
  533         c. A parent is incarcerated;
  534         d. The distance between parental residences makes equal
  535  time-sharing impracticable;
  536         e. A parent does not request at least 50-percent time
  537  sharing;
  538         f.A permanent injunction has been entered or is warranted
  539  against a parent or household member relating to contact between
  540  the subject of the injunction and the parent or household
  541  member; or
  542         g. Domestic violence, as defined in s. 741.28, has
  543  occurred.
  544         2. The court shall order that the parental responsibility
  545  for a minor child be shared by both parents unless the court
  546  finds that shared parental responsibility would be detrimental
  547  to the child. Evidence that a parent has been convicted of a
  548  misdemeanor of the first degree or higher involving domestic
  549  violence, as defined in s. 741.28 and chapter 775, or meets the
  550  criteria of s. 39.806(1)(d), creates a rebuttable presumption of
  551  detriment to the child. If the presumption is not rebutted after
  552  the convicted parent is advised by the court that the
  553  presumption exists, shared parental responsibility, including
  554  time-sharing with the child, and decisions made regarding the
  555  child, may not be granted to the convicted parent. However, the
  556  convicted parent is not relieved of any obligation to provide
  557  financial support. If the court determines that shared parental
  558  responsibility would be detrimental to the child, it may order
  559  sole parental responsibility and make such arrangements for
  560  time-sharing as specified in the parenting plan as will best
  561  protect the child or abused spouse from further harm. Whether or
  562  not there is a conviction of any offense of domestic violence or
  563  child abuse or the existence of an injunction for protection
  564  against domestic violence, the court shall consider evidence of
  565  domestic violence or child abuse as evidence of detriment to the
  566  child.
  567         a. In ordering shared parental responsibility, the court
  568  may consider the expressed desires of the parents and may grant
  569  to one party the ultimate responsibility over specific aspects
  570  of the child’s welfare or may divide those responsibilities
  571  between the parties based on the best interests of the child.
  572  Areas of responsibility may include education, health care, and
  573  any other responsibilities that the court finds unique to a
  574  particular family.
  575         b. The court shall order sole parental responsibility for a
  576  minor child to one parent, with or without time-sharing with the
  577  other parent if it is in the best interests of the minor child.
  578         3. Access to records and information pertaining to a minor
  579  child, including, but not limited to, medical, dental, and
  580  school records, may not be denied to either parent. Full rights
  581  under this subparagraph apply to either parent unless a court
  582  order specifically revokes these rights, including any
  583  restrictions on these rights as provided in a domestic violence
  584  injunction. A parent having rights under this subparagraph has
  585  the same rights upon request as to form, substance, and manner
  586  of access as are available to the other parent of a child,
  587  including, without limitation, the right to in-person
  588  communication with medical, dental, and education providers.
  589         Section 6. The amendments made by this act to s. 61.13,
  590  Florida Statutes, providing for equal time-sharing, apply
  591  prospectively to initial final custody orders made on or after
  592  July 1, 2013. The amendments do not constitute a substantial
  593  change in circumstances that warrant the modification of a final
  594  custody order entered before July 1, 2013.
  595         Section 7. Subsection (1) of section 61.14, Florida
  596  Statutes, is amended, paragraphs (c) and (d) are added to
  597  subsection (11) of that section, and subsection (12) is added to
  598  that section, to read:
  599         61.14 Enforcement and modification of support, maintenance,
  600  or alimony agreements or orders.—
  601         (1)(a) When the parties enter into an agreement for
  602  payments for, or instead of, support, maintenance, or alimony,
  603  whether in connection with a proceeding for dissolution or
  604  separate maintenance or with any voluntary property settlement,
  605  or when a party is required by court order to make any payments,
  606  and the circumstances or the financial ability of either party
  607  changes or the child who is a beneficiary of an agreement or
  608  court order as described herein reaches majority after the
  609  execution of the agreement or the rendition of the order, either
  610  party may apply to the circuit court of the circuit in which the
  611  parties, or either of them, resided at the date of the execution
  612  of the agreement or reside at the date of the application, or in
  613  which the agreement was executed or in which the order was
  614  rendered, for an order terminating, decreasing, or increasing
  615  the amount of support, maintenance, or alimony, and the court
  616  has jurisdiction to make orders as equity requires, with due
  617  regard to the changed circumstances or the financial ability of
  618  the parties or the child, decreasing, increasing, or confirming
  619  the amount of separate support, maintenance, or alimony provided
  620  for in the agreement or order. A finding that medical insurance
  621  is reasonably available or the child support guidelines schedule
  622  in s. 61.30 may constitute changed circumstances. Except as
  623  otherwise provided in s. 61.30(11)(c), the court may modify an
  624  order of support, maintenance, or alimony by terminating,
  625  increasing, or decreasing the support, maintenance, or alimony
  626  retroactively to the date of the filing of the action or
  627  supplemental action for modification as equity requires, giving
  628  due regard to the changed circumstances or the financial ability
  629  of the parties or the child.
  630         (b)1. If the court has determined that an existing alimony
  631  award as determined by the court at the time of dissolution is
  632  insufficient to meet the needs of the obligee, and that such
  633  need continues to exist, an alimony order shall be modified
  634  upward upon a showing by clear and convincing evidence of a
  635  permanently increased ability to pay alimony. Clear and
  636  convincing evidence must include, but need not be limited to,
  637  federal tax returns. An increase in an obligor’s income may not
  638  be considered permanent in nature unless the increase has been
  639  maintained without interruption for at least 2 years, taking
  640  into account the obligor’s ability to sustain his or her income.
  641         2.1.Notwithstanding subparagraph 1., the court shall may
  642  reduce or terminate an award of alimony upon specific written
  643  findings by the court that since the granting of a divorce and
  644  the award of alimony, a supportive relationship has existed
  645  between the obligee and another a person, except upon a showing
  646  by clear and convincing evidence by the obligee that his or her
  647  long-term need for alimony, taking into account the totality of
  648  the circumstances, has not been reduced by the supportive
  649  relationship with whom the obligee resides. On the issue of
  650  whether alimony should be reduced or terminated under this
  651  paragraph, the burden is on the obligor to prove by a
  652  preponderance of the evidence that a supportive relationship
  653  exists.
  654         3.2. In determining whether an existing award of alimony
  655  should be reduced or terminated because of an alleged supportive
  656  relationship between an obligee and a person who is not related
  657  by consanguinity or affinity and with whom the obligee resides,
  658  the court shall elicit the nature and extent of the relationship
  659  in question. The court shall give consideration, without
  660  limitation, to circumstances, including, but not limited to, the
  661  following, in determining the relationship of an obligee to
  662  another person:
  663         a. The extent to which the obligee and the other person
  664  have held themselves out as a married couple by engaging in
  665  conduct such as using the same last name, using a common mailing
  666  address, referring to each other in terms such as “my husband”
  667  or “my wife,” or otherwise conducting themselves in a manner
  668  that evidences a permanent supportive relationship.
  669         b. The period of time that the obligee has resided with the
  670  other person in a permanent place of abode.
  671         c. The extent to which the obligee and the other person
  672  have pooled their assets or income or otherwise exhibited
  673  financial interdependence.
  674         d. The extent to which the obligee or the other person has
  675  supported the other, in whole or in part.
  676         e. The extent to which the obligee or the other person has
  677  performed valuable services for the other.
  678         f. The extent to which the obligee or the other person has
  679  performed valuable services for the other’s company or employer.
  680         g. Whether the obligee and the other person have worked
  681  together to create or enhance anything of value.
  682         h. Whether the obligee and the other person have jointly
  683  contributed to the purchase of any real or personal property.
  684         i. Evidence in support of a claim that the obligee and the
  685  other person have an express agreement regarding property
  686  sharing or support.
  687         j. Evidence in support of a claim that the obligee and the
  688  other person have an implied agreement regarding property
  689  sharing or support.
  690         k. Whether the obligee and the other person have provided
  691  support to the children of one another, regardless of any legal
  692  duty to do so.
  693         4.3. This paragraph does not abrogate the requirement that
  694  every marriage in this state be solemnized under a license, does
  695  not recognize a common law marriage as valid, and does not
  696  recognize a de facto marriage. This paragraph recognizes only
  697  that relationships do exist that provide economic support
  698  equivalent to a marriage and that alimony terminable on
  699  remarriage may be reduced or terminated upon the establishment
  700  of equivalent equitable circumstances as described in this
  701  paragraph. The existence of a conjugal relationship, though it
  702  may be relevant to the nature and extent of the relationship, is
  703  not necessary for the application of the provisions of this
  704  paragraph.
  705         5.There is a rebuttable presumption that any modification
  706  or termination of an alimony award is retroactive to the date of
  707  the filing of the petition. In an action under this section, if
  708  it is determined that the obligee unnecessarily or unreasonably
  709  litigated the underlying petition for modification or
  710  termination, the court may award the obligor his or her
  711  reasonable attorney fees and costs pursuant to s. 61.16 and
  712  applicable case law.
  713         (c) For each support order reviewed by the department as
  714  required by s. 409.2564(11), if the amount of the child support
  715  award under the order differs by at least 10 percent but not
  716  less than $25 from the amount that would be awarded under s.
  717  61.30, the department shall seek to have the order modified and
  718  any modification shall be made without a requirement for proof
  719  or showing of a change in circumstances.
  720         (d) The department may shall have authority to adopt rules
  721  to administer implement this section.
  722         (11)
  723         (c)If the court orders alimony payable concurrent with a
  724  child support order, the alimony award may not be modified
  725  solely because of a later reduction or termination of child
  726  support payments, unless the court finds the obligor has the
  727  ability to pay the modified alimony award, the existing alimony
  728  award as determined by the court at the time of dissolution is
  729  insufficient to meet the needs of the obligee, and such need
  730  continues to exist.
  731         (d)An obligor’s subsequent remarriage or cohabitation does
  732  not constitute a basis for a modification of alimony. The income
  733  and assets of the obligor’s subsequent spouse or person with
  734  whom the obligor resides is not relevant in a modification
  735  action except under exceptional circumstances.
  736         (12)The fact that an obligor has reached a reasonable
  737  retirement age for his or her profession, has retired, and has
  738  no intent to return to work shall be considered a substantial
  739  change in circumstances as a matter of law. In determining
  740  whether the obligor’s retirement age is reasonable, the court
  741  shall consider the obligor’s:
  742         (a)Age.
  743         (b)Health.
  744         (c)Motivation for retirement.
  745         (d)Type of work.
  746         (e)Normal retirement age for that type of work.
  747  
  748  In anticipation of retirement, the obligor may file a petition
  749  for termination or modification of the alimony award effective
  750  upon the retirement date. The court shall terminate or modify
  751  the alimony award based on the circumstances of the parties
  752  after retirement of the obligor and based on the factors in s.
  753  61.08(2), unless the court makes findings of fact that a
  754  termination or modification of an alimony award is not
  755  warranted.
  756         Section 8. Section 61.19, Florida Statutes, is amended to
  757  read:
  758         61.19 Entry of judgment of dissolution of marriage;, delay
  759  period; separate adjudication of issues.—
  760         (1)A No final judgment of dissolution of marriage may not
  761  be entered until at least 20 days have elapsed from the date of
  762  filing the original petition for dissolution of marriage,; but
  763  the court, on a showing that injustice would result from this
  764  delay, may enter a final judgment of dissolution of marriage at
  765  an earlier date.
  766         (2)(a)During the first 180 days after the date of service
  767  of the original petition for dissolution of marriage, the court
  768  may not grant a final dissolution of marriage with a reservation
  769  of jurisdiction to subsequently determine all other substantive
  770  issues unless the court makes written findings that there are
  771  exceptional circumstances that make the use of this process
  772  clearly necessary to protect the parties or their children and
  773  that granting a final dissolution will not cause irreparable
  774  harm to either party or the children. Before granting a final
  775  dissolution of marriage with a reservation of jurisdiction to
  776  subsequently determine all other substantive issues, the court
  777  shall enter temporary orders necessary to protect the parties
  778  and their children, which orders remain effective until all
  779  other issues can be adjudicated by the court. The desire of one
  780  party to remarry does not justify the use of this process.
  781         (b)If more than 180 days have elapsed after the date of
  782  service of the original petition for dissolution of marriage,
  783  the court may grant a final dissolution of marriage with a
  784  reservation of jurisdiction to subsequently determine all other
  785  substantive issues only if the court enters temporary orders
  786  necessary to protect the parties and their children, which
  787  orders remain effective until such time as all other issues can
  788  be adjudicated by the court, and makes a written finding that no
  789  irreparable harm will result from granting a final dissolution.
  790         (c)If more than 365 days have elapsed after the date of
  791  service of the original petition for dissolution of marriage,
  792  absent a showing by either party that irreparable harm will
  793  result from granting a final dissolution, the court shall, upon
  794  request of either party, immediately grant a final dissolution
  795  of marriage with a reservation of jurisdiction to subsequently
  796  determine all other substantive issues. Before granting a final
  797  dissolution of marriage with a reservation of jurisdiction to
  798  subsequently determine all other substantive issues, the court
  799  shall enter temporary orders necessary to protect the parties
  800  and their children, which orders remain effective until all
  801  other issues can be adjudicated by the court.
  802         (d)The temporary orders necessary to protect the parties
  803  and their children entered before granting a dissolution of
  804  marriage without an adjudication of all substantive issues may
  805  include, but are not limited to, temporary orders that:
  806         1.Restrict the sale or disposition of property.
  807         2.Protect and preserve the marital assets.
  808         3.Establish temporary support.
  809         4.Provide for maintenance of health insurance.
  810         5.Provide for maintenance of life insurance.
  811         (e)The court is not required to enter temporary orders to
  812  protect the parties and their children if the court enters a
  813  final judgment of dissolution of marriage that adjudicates
  814  substantially all of the substantive issues between the parties
  815  but reserves jurisdiction to address ancillary issues such as
  816  the entry of a qualified domestic relations order or the
  817  adjudication of attorney fees and costs.
  818         Section 9. (1)(a)The amendments to chapter 61, Florida
  819  Statutes, made by this act apply to:
  820         1.Final judgments of alimony awards entered before July 1,
  821  2013.
  822         2.Final orders entered before July 1, 2013, that
  823  incorporate an agreement between the parties for alimony, if the
  824  duration of the marriage was equal to or less than 15 years and
  825  the duration of the alimony agreement exceeds the duration of
  826  the marriage.
  827         (b)For such judgments or orders, the amendments to chapter
  828  61, Florida Statutes, shall constitute a substantial change in
  829  circumstances for which an obligor may seek, in accordance with
  830  s. 61.14, Florida Statutes, a modification of the amount or
  831  duration of alimony, except for an order incorporating an
  832  agreement that is expressly nonmodifiable.
  833         (2)(a)For final orders entered before July 1, 2013 that
  834  incorporate an agreement between the parties for alimony, but
  835  otherwise do not meet the criteria set forth in subparagraph
  836  (1)(a)2., the amendments to chapter 61, Florida Statutes, made
  837  by this act shall apply if the obligor proves, by clear and
  838  convincing evidence, that:
  839         1.The obligor did not execute the agreement voluntarily;
  840         2.The agreement was the product of fraud, duress,
  841  coercion, or overreaching; or
  842         3.The agreement was unconscionable when it was executed
  843  and, before execution of the agreement, the obligor:
  844         a.Was not provided a fair and reasonable disclosure of the
  845  property or financial obligations of the other party.
  846         b.Did not voluntarily and expressly waive, in writing, any
  847  right to disclosure of the property or financial obligations of
  848  the other party beyond disclosure provided.
  849         c.Did not have or reasonably could not have had an
  850  adequate knowledge of the property or financial obligations of
  851  the other party.
  852         (b) For such orders, the amendments to chapter 61, Florida
  853  Statutes, shall constitute a substantial change in circumstances
  854  for which an obligor may seek, in accordance with s. 61.14,
  855  Florida Statutes, a modification of the amount or duration of
  856  alimony, except for an order incorporating an agreement that is
  857  expressly nonmodifiable.
  858         (3) Final judgments and orders for which the amendments to
  859  chapter 61, Florida Statutes, constitute a substantial change in
  860  circumstances under subsection (1) and (2) may be the subject of
  861  a modification action according to the following schedule:
  862         (a) An obligor who is subject to alimony of 15 years or
  863  more may file a modification action on or after July 1, 2013.
  864         (b) An obligor who is subject to alimony of 8 years of
  865  more, but less than 15 years, may file a modification action on
  866  or after July 1, 2014.
  867         (c) An obligor who is subject to alimony of less than 8
  868  years may file a modification action on or after July 1, 2015.
  869         Section 10. This act shall take effect July 1, 2013.