| 1 | A bill to be entitled |
| 2 | An act relating to equitable distribution of marital |
| 3 | assets and liabilities; amending s. 61.046, F.S.; defining |
| 4 | the term "barrier to remarriage"; amending s. 61.075, |
| 5 | F.S.; authorizing the court to take into consideration the |
| 6 | failure or refusal of one spouse to remove a barrier to |
| 7 | the remarriage of the other spouse when considering the |
| 8 | equitable distribution of marital assets and liabilities; |
| 9 | providing an effective date. |
| 10 |
|
| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
|
| 13 | Section 1. Present subsections (1) through (21) of section |
| 14 | 61.046, Florida Statutes, are redesignated as subsections (2) |
| 15 | through (22), respectively, and a new subsection (1) is added to |
| 16 | that section to read: |
| 17 | 61.046 Definitions.--As used in this chapter: |
| 18 | (1) "Barrier to remarriage" means, without limitation and |
| 19 | not exclusively, any religious, secular, or conscientious |
| 20 | restraint or inhibition of which the spouse is aware, which is |
| 21 | imposed on the other spouse, and which exists by reason of the |
| 22 | spouse's commissioning or withholding of any voluntary act. |
| 23 | Section 2. Present paragraph (j) of subsection (1) of |
| 24 | section 61.075, Florida Statutes, is redesignated as paragraph |
| 25 | (k), and a new paragraph (j) is added to that subsection to |
| 26 | read: |
| 27 | 61.075 Equitable distribution of marital assets and |
| 28 | liabilities.-- |
| 29 | (1) In a proceeding for dissolution of marriage, in |
| 30 | addition to all other remedies available to a court to do equity |
| 31 | between the parties, or in a proceeding for disposition of |
| 32 | assets following a dissolution of marriage by a court which |
| 33 | lacked jurisdiction over the absent spouse or lacked |
| 34 | jurisdiction to dispose of the assets, the court shall set apart |
| 35 | to each spouse that spouse's nonmarital assets and liabilities, |
| 36 | and in distributing the marital assets and liabilities between |
| 37 | the parties, the court must begin with the premise that the |
| 38 | distribution should be equal, unless there is a justification |
| 39 | for an unequal distribution based on all relevant factors, |
| 40 | including: |
| 41 | (j) The failure or refusal of one spouse to remove a |
| 42 | barrier to the remarriage of the other spouse. |
| 43 | Section 3. This act shall take effect July 1, 2008. |