Senate Bill sb2532

    Florida Senate - 2007                                  SB 2532

    By Senator Aronberg





    27-394A-07

  1                      A bill to be entitled

  2         An act relating to equitable distribution of

  3         marital assets and liabilities; amending s.

  4         61.046, F.S.; defining the term "barrier to

  5         remarriage"; amending s. 61.075, F.S.;

  6         authorizing the court to take into

  7         consideration the failure or refusal of one

  8         spouse to remove a barrier to the remarriage of

  9         the other spouse when considering the equitable

10         distribution of marital assets and liabilities;

11         providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Present subsections (1) through (20) of

16  section 61.046, Florida Statutes, are redesignated as

17  subsections (2) through (21), respectively, and a new

18  subsection (1) is added to that section, to read:

19         61.046  Definitions.--As used in this chapter:

20         (1)  "Barrier to remarriage" means, without limitation

21  and not exclusively, any religious, secular, or conscientious

22  restraint or inhibition of which the spouse is aware, which is

23  imposed on the other spouse, and which exists by reason of the

24  spouse's commissioning or withholding of any voluntary act.

25         Section 2.  Present paragraph (j) of subsection (1) of

26  section 61.075, Florida Statutes, is redesignated as paragraph

27  (k), and a new paragraph (j) is added to that subsection, to

28  read:

29         61.075  Equitable distribution of marital assets and

30  liabilities.--

31  

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






    Florida Senate - 2007                                  SB 2532
    27-394A-07




 1         (1)  In a proceeding for dissolution of marriage, in

 2  addition to all other remedies available to a court to do

 3  equity between the parties, or in a proceeding for disposition

 4  of assets following a dissolution of marriage by a court which

 5  lacked jurisdiction over the absent spouse or lacked

 6  jurisdiction to dispose of the assets, the court shall set

 7  apart to each spouse that spouse's nonmarital assets and

 8  liabilities, and in distributing the marital assets and

 9  liabilities between the parties, the court must begin with the

10  premise that the distribution should be equal, unless there is

11  a justification for an unequal distribution based on all

12  relevant factors, including:

13         (j)  The failure or refusal of one spouse to remove a

14  barrier to the remarriage of the other spouse.

15         Section 3.  This act shall take effect July 1, 2007.

16  

17            *****************************************

18                          SENATE SUMMARY

19    Defines the term "barrier to remarriage." Authorizes a
      court to take into consideration the failure or refusal
20    of one spouse to remove a barrier to the remarriage of
      the other spouse when considering the equitable
21    distribution of marital assets and liabilities.

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