HB 549

1	A bill to be entitled
2	An act relating to alimony; amending s. 61.08, F.S.;
3	revising factors to be considered for alimony awards;
4	capping awards of alimony at a certain percentage of
5	the payor's monthly net income; requiring a court to
6	make certain written findings concerning alimony;
7	revising factors to be considered in whether to award
8	alimony or maintenance; revising provisions for the
9	tax treatment and consequences of alimony; revising
10	provisions relating to the protection of awards of
11	alimony; revising provisions for awards of bridge-the-
12	gap alimony and durational alimony; redesignating
13	permanent alimony as long-term alimony and revising
14	provisions relating to its award; providing
15	nonreinstatement of alimony awards due to supportive
16	relationships; providing termination of alimony upon
17	full retirement age; repealing s. 2, ch. 2010-199 and
18	s. 80, ch. 2011-92, Laws of Florida, relating to the
19	applicability of specified prior amendments to s.
20	61.08, F.S.; providing applicability for amendments
21	made by the act to s. 61.08, F.S.; providing for
22	retroactive effect; amending s. 61.14, F.S.; revising
23	provisions relating to the effect of cohabitation on
24	an award of alimony; providing that in the event of
25	the obligor's remarriage or residing with another
26	person, income and assets of the obligor's spouse or
27	person with whom the obligor resides may not be
28	considered in the redetermination in a modification
29	action; providing that if an alimony award has been
30	modified to terminate due to a supportive relationship
31	and that supportive relationship does not produce a
32	marriage, the alimony may not be reinstated; providing
33	that if the court orders alimony concurrent with a
34	child support order, the alimony award may not be
35	modified due to the termination of child support;
36	providing an effective date.
37
38	Be It Enacted by the Legislature of the State of Florida:
39
40	Section 1.  Section 61.08, Florida Statutes, is amended to
41	read:
42	61.08  Alimony.-
43	(1)  In a proceeding for dissolution of marriage under s.
44	61.052(1)(a), the court may grant alimony to either party, which
45	alimony may be bridge-the-gap, rehabilitative, durational, or
46	long-term permanent in nature or any combination of these forms
47	of alimony. In any award of alimony, the court may order
48	periodic payments or payments in lump sum or both, which may not
49	exceed 20 percent of the payor's monthly net income to include
50	all sources of income averaged over the last 3 years of the
51	marriage. The court may consider the adultery of either spouse
52	and the circumstances thereof in determining the amount of
53	alimony, if any, to be awarded. In all dissolution actions, the
54	court shall include findings of fact relative to the factors
55	enumerated in subsection (2) supporting an award or denial of
56	alimony.
57	(2)  In determining whether to award alimony or
58	maintenance, the court shall first make, in writing, a specific
59	factual determination as to whether either party has an actual
60	need for alimony or maintenance and whether either party has the
61	ability to pay alimony or maintenance. If the court finds that a
62	party has a need for alimony or maintenance and that the other
63	party has the ability to pay alimony or maintenance, then in
64	determining the proper type and amount of alimony or maintenance
65	under subsections (5)-(8), the court shall consider all relevant
66	factors, including, but not limited to:
67	(a)  The standard of living established during the
68	marriage.
69	(a)(b)  The duration of the marriage.
70	(b)(c)  The age and the physical and emotional condition of
71	each party.
72	(c)(d)  The financial resources of each party, only to
73	include including the nonmarital and the marital assets and
74	liabilities acquired during the marriage distributed to each.
75	(d)(e)  The earning capacities, educational levels,
76	vocational skills, and employability of the parties and, when
77	applicable, the time necessary for either party to acquire
78	sufficient education or training to enable such party to find
79	appropriate employment.
80	(e)(f)  The contribution of each party to the marriage,
81	including, but not limited to, services rendered in homemaking,
82	child care, education, and career building of the other party.
83	(f)(g)  The responsibilities each party will have with
84	regard to any minor children they have in common.
85	(g)(h)  The tax treatment and consequences to both parties
86	of any alimony award, including the designation of all or a
87	portion of the payment as taxable to the recipient and
88	deductible to the payor a nontaxable, nondeductible payment.
89	(h)(i)  All sources of income available to either party,
90	including income available to either party through investments
91	of any asset held by that party that were acquired during the
92	marriage.
93	(j)  Any other factor necessary to do equity and justice
94	between the parties.
95	(3)(a)  The court may require the payor to maintain a life
96	insurance policy or bond to protect an award of alimony only if
97	there is a specific factual determination in writing as to
98	whether the recipient has an actual need. An order to secure a
99	life insurance policy or a bond to protect an award of alimony
100	shall be based upon due consideration of the following factors:
101	1.  Age and insurability of the payor.
102	2.  Cost of insurance, including decreasing term-life
103	insurance.
104	3.  Amount of the judgment.
105	4.  Polices carried during the marriage.
106	5.  Duration of the alimony order.
107	6.  Prevailing interest rates at the time of the order.
108	7.  Other obligations of the payor.
109	(b)  An order to protect an alimony award is modifiable
110	upon a substantial change in circumstance in accordance with s.
111	61.14 and terminates as provided in subsection (9) To the extent
112	necessary to protect an award of alimony, the court may order
113	any party who is ordered to pay alimony to purchase or maintain
114	a life insurance policy or a bond, or to otherwise secure such
115	alimony award with any other assets which may be suitable for
116	that purpose.
117	(4)  For purposes of determining alimony, the court shall
118	recognize there is a rebuttable presumption that a short-term
119	marriage is a marriage having a duration of less than 7 years, a
120	moderate-term marriage is a marriage having a duration of
121	greater than 7 years but less than 20 17 years, and long-term
122	marriage is a marriage having a duration of 20 17 years or
123	greater. The length of a marriage is the period of time from the
124	date of marriage until the date of filing of an action for
125	dissolution of marriage.
126	(5)  Bridge-the-gap alimony may be awarded to assist a
127	party by providing support to allow the party to make a
128	transition from being married to being single. Bridge-the-gap
129	alimony is designed to assist a party with legitimate
130	identifiable short-term needs, and the length of an award may
131	not exceed 2 years. An award of bridge-the-gap alimony
132	terminates upon the death of either party or upon the remarriage
133	of the party receiving alimony. An award of bridge-the-gap
134	alimony is shall not be modifiable in accordance with s. 61.14
135	amount or duration.
136	(6)(a)  Rehabilitative alimony may be awarded to assist a
137	party in establishing the capacity for self-support through
138	either:
139	1.  The redevelopment of previous skills or credentials; or
140	2.  The acquisition of education, training, or work
141	experience necessary to develop appropriate employment skills or
142	credentials.
143	(b)  In order to award rehabilitative alimony, there must
144	be a specific and defined rehabilitative plan which shall be
145	included as a part of any order awarding rehabilitative alimony.
146	(c)  An award of rehabilitative alimony shall may be
147	modified or terminated in accordance with s. 61.14 based upon a
148	substantial change in circumstances, upon noncompliance with the
149	rehabilitative plan, or upon completion of the rehabilitative
150	plan.
151	(7)  Durational alimony may be awarded for a moderate-term
152	or long-term marriage as defined in subsection (4) when
153	permanent periodic alimony is inappropriate. The purpose of
154	durational alimony is to provide a party with economic
155	assistance for a set period of time following a marriage of
156	short or moderate duration or following a marriage of long
157	duration if there is no ongoing need for support on a long-term
158	permanent basis as provided in subsection (8). An award of
159	durational alimony terminates upon the death of either party or
160	upon the remarriage of the party receiving alimony. The amount
161	of an award of durational alimony shall may be modified or
162	terminated based upon a substantial change in circumstances or
163	terminated upon the existence of a supportive relationship in
164	accordance with s. 61.14. However, The length of an award of
165	durational alimony may not exceed 50 percent of be modified
166	except under exceptional circumstances and may not exceed the
167	length of the marriage.
168	(8)  Long-term Permanent alimony may be awarded for a
169	marriage having a duration of 20 years or greater as provided in
170	subsection (4), may not exceed 60 percent of the length of the
171	marriage, and may be extended as needed to continue support of a
172	receiving party who was disabled during the marriage. The
173	Division of Disability Determinations of the Department of
174	Health must authenticate each claim of disability under this
175	subsection. If the payor is certified as disabled by the
176	Division of Disability Determinations of the Department of
177	Health, the award of alimony shall be significantly reduced or
178	terminated to provide for the needs and necessities of life as
179	they were established during the marriage of the parties for a
180	party who lacks the financial ability to meet his or her needs
181	and necessities of life following a dissolution of marriage.
182	Permanent alimony may be awarded following a marriage of long
183	duration if such an award is appropriate upon consideration of
184	the factors set forth in subsection (2), following a marriage of
185	moderate duration if such an award is appropriate based upon
186	clear and convincing evidence after consideration of the factors
187	set forth in subsection (2), or following a marriage of short
188	duration if there are written findings of exceptional
189	circumstances. In awarding permanent alimony, the court shall
190	include a finding that no other form of alimony is fair and
191	reasonable under the circumstances of the parties. An award of
192	long-term permanent alimony terminates upon the death of either
193	party, or upon the remarriage of the party receiving alimony, or
194	as provided in subsection (9). An award shall may be modified or
195	terminated based upon a substantial change in circumstances or
196	upon the existence of a supportive relationship in accordance
197	with s. 61.14.
198	(9)  Any award of alimony terminates upon the payor
199	attaining the full retirement age when the payor is eligible for
200	the old-age retirement benefit under the federal Old-Age,
201	Survivors, and Disability Insurance Program, 42 U.S.C. s. 416,
202	as amended, as of the date of filing of an action for
203	dissolution of marriage. The payor's ability to work beyond that
204	age may not be used as a reason to extend alimony.
205	(10)(9)  The award of alimony may not leave the payor with
206	significantly less net income than the net income of the
207	recipient unless there are written findings of exceptional
208	circumstances.
209	(11)  In accordance with s. 61.14, if an alimony award has
210	been modified to terminate due to a supportive relationship and
211	that supportive relationship does not produce a marriage, the
212	recipient is not entitled to reinstatement of alimony from the
213	payor.
214	(12)(10)(a)  With respect to any order requiring the
215	payment of alimony entered on or after January 1, 1985, unless
216	the provisions of paragraph (c) or paragraph (d) apply, the
217	court shall direct in the order that the payments of alimony be
218	made through the appropriate depository as provided in s.
219	61.181.
220	(b)  With respect to any order requiring the payment of
221	alimony entered before January 1, 1985, upon the subsequent
222	appearance, on or after that date, of one or both parties before
223	the court having jurisdiction for the purpose of modifying or
224	enforcing the order or in any other proceeding related to the
225	order, or upon the application of either party, unless the
226	provisions of paragraph (c) or paragraph (d) apply, the court
227	shall modify the terms of the order as necessary to direct that
228	payments of alimony be made through the appropriate depository
229	as provided in s. 61.181.
230	(c)  If there is no minor child, alimony payments need not
231	be directed through the depository.
232	(d)1.  If there is a minor child of the parties and both
233	parties so request, the court may order that alimony payments
234	need not be directed through the depository. In this case, the
235	order of support shall provide, or be deemed to provide, that
236	either party may subsequently apply to the depository to require
237	that payments be made through the depository. The court shall
238	provide a copy of the order to the depository.
239	2.  If the provisions of subparagraph 1. apply, either
240	party may subsequently file with the depository an affidavit
241	alleging default or arrearages in payment and stating that the
242	party wishes to initiate participation in the depository
243	program. The party shall provide copies of the affidavit to the
244	court and the other party or parties. Fifteen days after receipt
245	of the affidavit, the depository shall notify all parties that
246	future payments shall be directed to the depository.
247	3.  In IV-D cases, the IV-D agency shall have the same
248	rights as the obligee in requesting that payments be made
249	through the depository.
250	Section 2.  Section 2 of chapter 2010-199 and section 80 of
251	chapter 2011-92, Laws of Florida, are repealed.
252	Section 3.  The amendments to s. 61.08, Florida Statutes,
253	made by this act constitute a material change of circumstance
254	that warrants modification of existing alimony judgments that
255	exceed durational limits set forth in s. 61.08(4)-(9), Florida
256	Statutes, as amended by this act. Any modification filed by a
257	payor pursuant to this section solely because the existing
258	alimony judgment exceeds the durational limits set forth in s.
259	61.08(4)-(9), Florida Statutes, as amended by this act, may be
260	filed only as follows:
261	(1)  A payor who was married to the alimony recipient for
262	more than 7 years may file a modification action in accordance
263	with s. 61.08(4), Florida Statutes, no earlier than 2 years
264	after the effective date of this act.
265	(2)  A payor who is eligible for the full old-age
266	retirement benefit under the federal Old-Age, Survivors, and
267	Disability Insurance Program, 42 U.S.C. s. 416, or who will
268	become eligible for such benefit within 3 years after the
269	effective date of this act, may file a modification action no
270	earlier than 1 year after the effective date of this act.
271
272	The amendments to s. 61.08, Florida Statutes, made by this act
273	do not provide a right to seek or receive modification of an
274	existing alimony judgment in which the parties have agreed in
275	writing that their alimony judgment is not modifiable or in
276	which the parties have expressed in writing their intention that
277	their agreed alimony provisions survive the judgment and
278	therefore are not modifiable.
279	Section 4.  Paragraph (b) of subsection (1) of section
280	61.14, Florida Statutes, is amended, and paragraphs (c), (d),
281	and (e) are added to subsection (11) of that section, to read:
282	61.14  Enforcement and modification of support,
283	maintenance, or alimony agreements or orders.-
284	(1)
285	(b)1.  The court must may reduce or terminate an award of
286	alimony if it determines upon specific written findings by the
287	court that since the granting of a divorce and the award of
288	alimony a supportive relationship has existed between the
289	obligee and a person with whom the obligee resides. The court
290	shall make specific written findings that support such a
291	determination. On the issue of whether alimony should be reduced
292	or terminated under this paragraph, the burden is on the obligor
293	to prove by a preponderance of the evidence that a supportive
294	relationship exists.
295	2.  A person is deemed to maintain a supportive
296	relationship when he or she shares a primary residence together
297	with or without another person for a period of at least 3
298	continuous months in a common household. In determining whether
299	the obligee is maintaining a common household, the court may
300	consider any of the following factors an existing award of
301	alimony should be reduced or terminated because of an alleged
302	supportive relationship between an obligee and a person who is
303	not related by consanguinity or affinity and with whom the
304	obligee resides, the court shall elicit the nature and extent of
305	the relationship in question. The court shall give
306	consideration, without limitation, to circumstances, including,
307	but not limited to, the following, in determining the
308	relationship of an obligee to another person:
309	a.  Oral or written statements or representations made to
310	third parties regarding the relationship of the cohabitants.
311	b.  The economic interdependence of the couple or economic
312	dependence of one party on the other.
313	c.  The common household couple engaging in conduct and
314	collaborative roles in furtherance of their life together.
315	d.  The benefit in the life of either or both of the common
316	household parties from their relationship.
317	e.  The community reputation of the parties as a couple.
318	f.  Other relevant and material factors.
319	a.  The extent to which the obligee and the other person
320	have held themselves out as a married couple by engaging in
321	conduct such as using the same last name, using a common mailing
322	address, referring to each other in terms such as "my husband"
323	or "my wife," or otherwise conducting themselves in a manner
324	that evidences a permanent supportive relationship.
325	b.  The period of time that the obligee has resided with
326	the other person in a permanent place of abode.
327	c.  The extent to which the obligee and the other person
328	have pooled their assets or income or otherwise exhibited
329	financial interdependence.
330	d.  The extent to which the obligee or the other person has
331	supported the other, in whole or in part.
332	e.  The extent to which the obligee or the other person has
333	performed valuable services for the other.
334	f.  The extent to which the obligee or the other person has
335	performed valuable services for the other's company or employer.
336	g.  Whether the obligee and the other person have worked
337	together to create or enhance anything of value.
338	h.  Whether the obligee and the other person have jointly
339	contributed to the purchase of any real or personal property.
340	i.  Evidence in support of a claim that the obligee and the
341	other person have an express agreement regarding property
342	sharing or support.
343	j.  Evidence in support of a claim that the obligee and the
344	other person have an implied agreement regarding property
345	sharing or support.
346	k.  Whether the obligee and the other person have provided
347	support to the children of one another, regardless of any legal
348	duty to do so.
349	3.  This paragraph does not abrogate the requirement that
350	every marriage in this state be solemnized under a license, does
351	not recognize a common law marriage as valid, and does not
352	recognize a de facto marriage. This paragraph recognizes only
353	that relationships do exist that provide economic support
354	equivalent to a marriage and that alimony terminable on
355	remarriage may be reduced or terminated upon the establishment
356	of equivalent equitable circumstances as described in this
357	paragraph. The existence of a conjugal relationship, though it
358	may be relevant to the nature and extent of the relationship, is
359	not necessary for the application of the provisions of this
360	paragraph.
361	(11)
362	(c)  If the obligor remarries or resides with another
363	person, income and assets of the obligor's spouse or person with
364	whom the obligor resides may not be considered in the
365	redetermination in a modification action.
366	(d)  If an alimony award has been modified to terminate due
367	to a supportive relationship and that supportive relationship
368	does not produce a marriage, the obligee is not entitled to
369	reinstatement of alimony from the obligor.
370	(e)  If the court orders alimony concurrent with a child
371	support order, the alimony award may not be modified due to the
372	termination of child support when the child support payments
373	end.
374	Section 5.  This act shall take effect July 1, 2012.

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