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