| 1 | A bill to be entitled |
| 2 | An act relating to alimony; amending s. 61.08, F.S.; |
| 3 | revising provisions relating to factors to be considered |
| 4 | for alimony awards; revising provisions relating to awards |
| 5 | of permanent alimony; providing that an alimony award may |
| 6 | not result in the party receiving the award enjoying a |
| 7 | standard of living that is greater than that of the party |
| 8 | paying alimony unless there are written findings of |
| 9 | exceptional circumstances; providing applicability for |
| 10 | amendments by the act; revising provisions relating to |
| 11 | applicability of certain amendments made in ch. 2010-199, |
| 12 | Laws of Florida, to delete language declaring those |
| 13 | amendments inapplicable to modification of awards made |
| 14 | before the effective date of that act and applying those |
| 15 | amendments to modifications of such awards; providing for |
| 16 | retroactive effect; providing effective dates. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Subsection (9) of section 61.08, Florida |
| 21 | Statutes, is renumbered as subsection (10), a new subsection (9) |
| 22 | is added to that section, and subsections (2), (7), and (8) of |
| 23 | that section are amended, to read: |
| 24 | 61.08 Alimony.- |
| 25 | (2) In determining whether to award alimony or |
| 26 | maintenance, the court shall first make a specific factual |
| 27 | determination as to whether either party has an actual need for |
| 28 | alimony or maintenance and whether either party has the ability |
| 29 | to pay alimony or maintenance. If the court finds that a party |
| 30 | has a need for alimony or maintenance and that the other party |
| 31 | has the ability to pay alimony or maintenance, then in |
| 32 | determining the proper type and amount of alimony or maintenance |
| 33 | under subsections (5)-(8), the court shall consider all relevant |
| 34 | factors, including, but not limited to: |
| 35 | (a) The standard of living established during the |
| 36 | marriage. |
| 37 | (b) The duration of the marriage. |
| 38 | (c) The age and the physical and emotional condition of |
| 39 | each party. |
| 40 | (d) The financial resources of each party, including the |
| 41 | nonmarital and the marital assets and liabilities distributed to |
| 42 | each. |
| 43 | (e) The earning capacities, educational levels, vocational |
| 44 | skills, and employability of the parties and, when applicable, |
| 45 | the time necessary for either party to acquire sufficient |
| 46 | education or training to enable such party to find appropriate |
| 47 | employment. |
| 48 | (f) The contribution of each party to the marriage, |
| 49 | including, but not limited to, services rendered in homemaking, |
| 50 | child care, education, and career building of the other party. |
| 51 | (g) The responsibilities each party will have with regard |
| 52 | to any minor children they have in common. |
| 53 | (h) The tax treatment and consequences to both parties of |
| 54 | any alimony award, including the designation of all or a portion |
| 55 | of the payment as a nontaxable, nondeductible payment. |
| 56 | (i) All sources of income available to either party, |
| 57 | including income available to either party through investments |
| 58 | of any asset held by that party. |
| 59 | (j) Any other factor necessary to do equity and justice |
| 60 | between the parties. |
| 61 | (7) Durational alimony may be awarded when permanent |
| 62 | periodic alimony is inappropriate. The purpose of durational |
| 63 | alimony is to provide a party with economic assistance for a set |
| 64 | period of time following a marriage of short or moderate |
| 65 | duration. An award of durational alimony terminates upon the |
| 66 | death of either party or upon the remarriage of the party |
| 67 | receiving alimony. The amount of an award of durational alimony |
| 68 | may be modified or terminated based upon a substantial change in |
| 69 | circumstances in accordance with s. 61.14. However, the length |
| 70 | of an award of durational alimony may not be modified except |
| 71 | under exceptional circumstances and may not exceed the length of |
| 72 | the marriage. |
| 73 | (8) Permanent alimony may be awarded to provide for the |
| 74 | needs and necessities of life as they were established during |
| 75 | the marriage of the parties for a party who lacks the financial |
| 76 | ability to meet his or her needs and necessities of life |
| 77 | following a dissolution of marriage. Permanent alimony may be |
| 78 | awarded following a marriage of moderate or long duration, |
| 79 | following a marriage of moderate duration if such an award is |
| 80 | appropriate upon consideration of the factors set forth in |
| 81 | subsection (2), or following a marriage of short duration if |
| 82 | there are written findings of exceptional circumstances. In |
| 83 | awarding permanent alimony, the court shall include findings |
| 84 | regarding the applicability of the needs and necessities of life |
| 85 | established during the marriage to the alimony award and shall |
| 86 | include findings that no other form of alimony, including, but |
| 87 | not limited to, durational alimony, is adequate. An award of |
| 88 | permanent alimony terminates upon the death of either party or |
| 89 | upon the remarriage of the party receiving alimony. An award may |
| 90 | be modified or terminated based upon a substantial change in |
| 91 | circumstances or upon the existence of a supportive relationship |
| 92 | in accordance with s. 61.14. |
| 93 | (9) An alimony award may not result in the party receiving |
| 94 | the award enjoying a standard of living that is greater than |
| 95 | that of the party paying alimony unless there are written |
| 96 | findings of exceptional circumstances. |
| 97 | Section 2. The amendments to s. 61.08, Florida Statutes, |
| 98 | by this act apply to all initial awards of alimony entered on or |
| 99 | after July 1, 2011, and to all modifications of alimony awards |
| 100 | for marriages of short or moderate duration made on or after |
| 101 | July 1, 2011. |
| 102 | Section 3. Effective upon this act becoming a law and |
| 103 | retroactive to July 1, 2010, section 2 of chapter 2010-199, Laws |
| 104 | of Florida, is amended to read: |
| 105 | Section 2. The amendments to s. 61.08, Florida Statutes, |
| 106 | by this act apply to all initial awards of alimony entered after |
| 107 | July 1, 2010, and to all modifications of alimony such awards |
| 108 | made after July 1, 2010. Such amendments may not serve as a |
| 109 | basis to modify awards entered before July 1, 2010, or as a |
| 110 | basis to change amounts or duration of awards existing before |
| 111 | July 1, 2010. The amendments to s. 61.08, Florida Statutes, by |
| 112 | this act are applicable to all cases pending on or filed after |
| 113 | July 1, 2010. |
| 114 | Section 4. Except as otherwise expressly provided in this |
| 115 | act and except for this section, which shall take effect upon |
| 116 | this act becoming a law, this act shall take effect July 1, |
| 117 | 2011. |