Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1978
       
       
       
       
       
       
                                Barcode 655450                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/13/2011           .                                
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       The Committee on Judiciary (Bogdanoff) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsection (9) of section 61.08, Florida
    6  Statutes, is renumbered as subsection (10), a new subsection (9)
    7  is added to that section, and subsections (2), (7), and (8) of
    8  that section are amended, to read:
    9         61.08 Alimony.—
   10         (2) In determining whether to award alimony or maintenance,
   11  the court shall first make a specific factual determination as
   12  to whether either party has an actual need for alimony or
   13  maintenance and whether either party has the ability to pay
   14  alimony or maintenance. If the court finds that a party has a
   15  need for alimony or maintenance and that the other party has the
   16  ability to pay alimony or maintenance, then in determining the
   17  proper type and amount of alimony or maintenance under
   18  subsections (5)-(8), the court shall consider all relevant
   19  factors, including, but not limited to:
   20         (a) The standard of living established during the marriage.
   21         (b) The duration of the marriage.
   22         (c) The age and the physical and emotional condition of
   23  each party.
   24         (d) The financial resources of each party, including the
   25  nonmarital and the marital assets and liabilities distributed to
   26  each.
   27         (e) The earning capacities, educational levels, vocational
   28  skills, and employability of the parties and, when applicable,
   29  the time necessary for either party to acquire sufficient
   30  education or training to enable such party to find appropriate
   31  employment.
   32         (f) The contribution of each party to the marriage,
   33  including, but not limited to, services rendered in homemaking,
   34  child care, education, and career building of the other party.
   35         (g) The responsibilities each party will have with regard
   36  to any minor children they have in common.
   37         (h) The tax treatment and consequences to both parties of
   38  any alimony award, including the designation of all or a portion
   39  of the payment as a nontaxable, nondeductible payment.
   40         (i) All sources of income available to either party,
   41  including income available to either party through investments
   42  of any asset held by that party.
   43         (j)  Any other factor necessary to do equity and justice
   44  between the parties.
   45         (7) Durational alimony may be awarded when permanent
   46  periodic alimony is inappropriate. The purpose of durational
   47  alimony is to provide a party with economic assistance for a set
   48  period of time following a marriage of short or moderate
   49  duration, or following a marriage of long duration if there is
   50  no ongoing need for support on a permanent basis. An award of
   51  durational alimony terminates upon the death of either party or
   52  upon the remarriage of the party receiving alimony. The amount
   53  of an award of durational alimony may be modified or terminated
   54  based upon a substantial change in circumstances in accordance
   55  with s. 61.14. However, the length of an award of durational
   56  alimony may not be modified except under exceptional
   57  circumstances and may not exceed the length of the marriage.
   58         (8) Permanent alimony may be awarded to provide for the
   59  needs and necessities of life as they were established during
   60  the marriage of the parties for a party who lacks the financial
   61  ability to meet his or her needs and necessities of life
   62  following a dissolution of marriage. Permanent alimony may be
   63  awarded following a marriage of long duration if such an award
   64  is appropriate upon consideration of the factors set forth in
   65  subsection (2), following a marriage of moderate duration if
   66  such an award is appropriate based upon clear and convincing
   67  evidence after consideration of the factors set forth in
   68  subsection (2), or following a marriage of short duration if
   69  there are written findings of exceptional circumstances. In
   70  awarding permanent alimony, the court shall include a finding
   71  that no other form of alimony is fair and reasonable under the
   72  circumstances of the parties. An award of permanent alimony
   73  terminates upon the death of either party or upon the remarriage
   74  of the party receiving alimony. An award may be modified or
   75  terminated based upon a substantial change in circumstances or
   76  upon the existence of a supportive relationship in accordance
   77  with s. 61.14.
   78         (9)The award of alimony award may not leave the payor with
   79  significantly less net income than the net income of the
   80  recipient unless there are written findings of exceptional
   81  circumstances.
   82         Section 2. The amendments to s. 61.08, Florida Statutes,
   83  made by this act apply to all initial awards of alimony entered
   84  after July 1, 2011, and to all modifications of alimony of such
   85  awards made after July 1, 2011. Such amendments may not serve as
   86  a basis to modify awards entered before July 1, 2011, or as a
   87  basis to change amounts or duration of awards existing before
   88  July 1, 2011. The amendments to s. 61.08, Florida Statutes, made
   89  by this act are applicable to all cases pending on or filed
   90  after July 1, 2011.
   91         Section 3. This act shall take effect July 1, 2011.
   92  
   93  ================= T I T L E A M E N D M E N T ================
   94  And the title is amended as follows:
   95  
   96         Delete everything before the enacting clause
   97  and insert:
   98                        A bill to be entitled                      
   99         An act relating to alimony; amending s. 61.08, F.S.;
  100         revising provisions relating to factors to be
  101         considered for alimony awards; revising provisions
  102         relating to awards of durational alimony; revising
  103         provisions relating to awards of permanent alimony;
  104         providing that the award of alimony may not leave the
  105         payor with significantly less net income than the net
  106         income of the recipient unless there are written
  107         findings of exceptional circumstances; providing for
  108         applicability of the act; providing an effective date.