Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SB 748
Senate . House
The Committee on Judiciary (Flores) recommended the following:
1 Senate Amendment (with title amendment)
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 61.08, Florida Statutes, is amended to
7 61.08 Alimony.—
8 (1) In a proceeding for dissolution of marriage, the court
9 may grant alimony to either party, which alimony may be bridge
10 the-gap, rehabilitative, durational, or long-term
11 nature or any combination of these forms of alimony where
12 appropriate. In any award of alimony, the court may order
13 periodic payments, or payments in lump sum, or both. The court
14 may consider the adultery of either spouse and the circumstances
15 thereof in determining the amount of alimony, if any, to be
16 awarded to the extent that the adultery caused a significant
17 depletion in the marital assets or caused a significant
18 reduction in the income of a party. In all dissolution actions,
19 the court shall include findings of fact relative to the factors
20 enumerated in subsection (2) supporting an award or denial of
22 (2) In determining whether to award alimony or maintenance,
23 the court shall first make, in writing, a specific factual
24 determination as to whether either party has an actual need for
25 alimony or maintenance and whether either party has the ability
26 to pay alimony or maintenance. If the court finds that a party
27 has a need for alimony or maintenance and that the other party
28 has the ability to pay alimony or maintenance, then in
29 determining the proper type and amount of alimony or maintenance
30 under subsections (5)-(8), the court shall consider and make
31 written findings regarding all relevant factors, including , but
32 not limited to:
33 (a) The standard of living established during the marriage.
34 (b) The duration of the marriage.
35 (c) The age and the physical and emotional condition of
36 each party.
37 (d) The financial resources of each party, including the
38 nonmarital and the marital assets and liabilities distributed to
40 (e) The earning capacities, educational levels, vocational
41 skills, and employability of the parties and, when applicable,
42 the time necessary for either party to acquire sufficient
43 education or training to enable such party to find appropriate
45 (f) The contribution of each party to the marriage,
46 including, but not limited to, services rendered in homemaking,
47 child care, education, and career building of the other party.
48 (g) The responsibilities each party will have with regard
49 to any minor children the parties they have in common.
50 (h) The tax treatment and consequences to both parties of
51 any alimony award, including the designation of all or a portion
52 of the payment as a nontaxable, nondeductible payment.
53 (i) All sources of income available to either party,
54 including income available to either party through investments
55 of any asset held by that party.
56 (j) The net income available to each party after the
57 application of the alimony award.
58 (k) (j) Any other factor necessary to do equity and justice
59 between the parties, if that factor is specifically identified
60 in the award with findings of fact justifying the application of
61 the factor.
62 (3) To the extent necessary to protect an award of alimony,
63 the court may order any party who is ordered to pay alimony to
64 purchase or maintain a life insurance policy or a bond, or to
65 otherwise secure such alimony award with any other assets which
66 may be suitable for that purpose.
67 (4) For purposes of determining alimony, there is a
68 rebuttable presumption that a short-term marriage is a marriage
69 having a duration of less than 7 years, a moderate-term marriage
70 is a marriage having a duration of greater than 7 years but less
71 than 17 years, and long-term marriage is a marriage having a
72 duration of 17 years or greater. The length of a marriage is the
73 period of time from the date of marriage until the date of
74 filing of an action for dissolution of marriage.
75 (5) Bridge-the-gap alimony may be awarded to assist a party
76 by providing support to allow the party to make a transition
77 from being married to being single. Bridge-the-gap alimony is
78 designed to assist a party with legitimate identifiable short
79 term needs, and the length of an award may not exceed 2 years.
80 An award of bridge-the-gap alimony terminates upon the death of
81 either party or upon the remarriage of the party receiving
82 alimony. An award of bridge-the-gap alimony shall not be
83 modifiable in amount or duration.
84 (6)(a) Rehabilitative alimony may be awarded to assist a
85 party in establishing the capacity for self-support through
87 1. The redevelopment of previous skills or credentials; or
88 2. The acquisition of education, training, or work
89 experience necessary to develop appropriate employment skills or
91 (b) In order to award rehabilitative alimony, there must be
92 a specific and defined rehabilitative plan which shall be
93 included as a part of any order awarding rehabilitative alimony.
94 (c) An award of rehabilitative alimony may be modified or
95 terminated in accordance with s. 61.14 based upon a substantial
96 change in circumstances, upon noncompliance with the
97 rehabilitative plan, or upon completion of the rehabilitative
99 (7) Durational alimony may be awarded when permanent
100 periodic alimony is inappropriate. The purpose of durational
101 alimony is to provide a party with economic assistance for a set
102 period of time following a marriage of short or moderate
103 duration or following a marriage of long duration if there is no
104 ongoing need for support on a long-term permanent basis as
105 provided in subsection (8). An award of durational alimony
106 terminates upon the death of either party or upon the remarriage
107 of the party receiving alimony. The amount of an award of
108 durational alimony may be modified or terminated based upon a
109 substantial change in circumstances in accordance with s. 61.14.
110 However, The length of an award of durational alimony may not be
111 modified except under exceptional circumstances and may not
112 exceed the length of the marriage.
113 (8) Permanent alimony shall be renamed as long-term
114 alimony, and long-term Permanent alimony may be awarded to
115 provide for the needs and necessities of life as they were
116 established during the marriage of the parties for a party who
117 lacks the financial ability to meet his or her needs and
118 necessities of life following a dissolution of marriage.
119 Permanent alimony shall be renamed as long-term alimony, and
120 long-term Permanent alimony may be awarded following a marriage
121 of long duration if such an award is appropriate upon
122 consideration of the factors set forth in subsection (2),
123 following a marriage of moderate duration if such an award is
124 appropriate based upon clear and convincing evidence after
125 consideration of the factors set forth in subsection (2), or
126 following a marriage of short duration if there are written
127 findings of exceptional circumstances. In awarding long-term
128 permanent alimony, the court shall include findings a finding
129 that no other form of alimony will provide for the needs and
130 necessities of life of the recipient as they were established
131 during the marriage of the parties and that no other form is
132 fair and reasonable under the circumstances of the parties. An
133 award of long-term permanent alimony remains payable until
134 terminates upon the death of either party or upon the remarriage
135 of the party receiving alimony. An award may be modified or
136 terminated based upon a substantial change in circumstances or
137 upon the existence of a supportive relationship in accordance
138 with s. 61.14.
139 (9) The award of alimony may not leave the payor with
140 significantly less net income than the net income of the
141 recipient unless there are written findings of exceptional
142 circumstances. The court shall make written findings regarding
143 the relative incomes and standard of living as established
144 during the marriage.
145 (10)(a) With respect to any order requiring the payment of
146 alimony entered on or after January 1, 1985, unless the
147 provisions of paragraph (c) or paragraph (d) applies apply, the
148 court shall direct in the order that the payments of alimony be
149 made through the appropriate depository as provided in s.
151 (b) With respect to any order requiring the payment of
152 alimony entered before January 1, 1985, upon the subsequent
153 appearance, on or after that date, of one or both parties before
154 the court having jurisdiction for the purpose of modifying or
155 enforcing the order or in any other proceeding related to the
156 order, or upon the application of either party, unless the
157 provisions of paragraph (c) or paragraph (d) applies apply, the
158 court shall modify the terms of the order as necessary to direct
159 that payments of alimony be made through the appropriate
160 depository as provided in s. 61.181.
161 (c) If there is no minor child, alimony payments need not
162 be directed through the depository.
163 (d)1. If there is a minor child of the parties and both
164 parties so request, the court may order that alimony payments
165 need not be directed through the depository. In this case, the
166 order of support shall provide, or be deemed to provide, that
167 either party may subsequently apply to the depository to require
168 that payments be made through the depository. The court shall
169 provide a copy of the order to the depository.
170 2. If the provisions of subparagraph 1. applies apply,
171 either party may subsequently file with the depository an
172 affidavit alleging default or arrearages in payment and stating
173 that the party wishes to initiate participation in the
174 depository program. The party shall provide copies of the
175 affidavit to the court and the other party or parties. Fifteen
176 days after receipt of the affidavit, the depository shall notify
177 all parties that future payments shall be directed to the
179 3. In IV-D cases, the IV-D agency shall have the same
180 rights as the obligee in requesting that payments be made
181 through the depository.
182 Section 2. Paragraph (b) of subsection (1) of section
183 61.14, Florida Statutes, is amended to read:
184 61.14 Enforcement and modification of support, maintenance,
185 or alimony agreements or orders.—
187 (b)1. The court may reduce or terminate an award of alimony
188 upon specific written findings by the court that since the
189 granting of a divorce and the award of alimony a supportive
190 relationship has existed between the obligee and a person with
191 whom the obligee resides. On the issue of whether alimony should
192 be reduced or terminated under this paragraph, the burden is on
193 the obligor to prove by a preponderance of the evidence that a
194 supportive relationship exists.
195 2. In determining whether an existing award of alimony
196 should be reduced or terminated because of an alleged supportive
197 relationship between an obligee and a person who is not related
198 by consanguinity or affinity and with whom the obligee resides,
199 the court shall elicit the nature and extent of the relationship
200 in question. The court shall give consideration, without
201 limitation, to circumstances , including, but not limited to, the
202 following, in determining the relationship of an obligee to
203 another person:
204 a. The extent to which the obligee and the other person
205 have held themselves out as a married couple by engaging in
206 conduct such as using the same last name, using a common mailing
207 address, referring to each other in terms such as “my husband”
208 or “my wife,” or otherwise conducting themselves in a manner
209 that evidences a permanent supportive relationship.
210 b. The period of time that the obligee has resided with the
211 other person in a permanent place of abode.
212 c. The extent to which the obligee and the other person
213 have pooled their assets or income or otherwise exhibited
214 financial interdependence.
215 d. The extent to which the obligee or the other person has
216 supported the other, in whole or in part.
217 e. The extent to which the obligee or the other person has
218 performed valuable services for the other.
219 f. The extent to which the obligee or the other person has
220 performed valuable services for the other’s company or employer.
221 g. Whether the obligee and the other person have worked
222 together to create or enhance anything of value.
223 h. Whether the obligee and the other person have jointly
224 contributed to the purchase of any real or personal property.
225 i. Evidence in support of a claim that the obligee and the
226 other person have an express agreement regarding property
227 sharing or support.
228 j. Evidence in support of a claim that the obligee and the
229 other person have an implied agreement regarding property
230 sharing or support.
231 k. Whether the obligee and the other person have provided
232 support to the children of one another, regardless of any legal
233 duty to do so.
234 3. This paragraph does not abrogate the requirement that
235 every marriage in this state be solemnized under a license, does
236 not recognize a common law marriage as valid, and does not
237 recognize a de facto marriage. This paragraph recognizes only
238 that relationships do exist that provide economic support
239 equivalent to a marriage and that alimony terminable on
240 remarriage may be reduced or terminated upon the establishment
241 of equivalent equitable circumstances as described in this
242 paragraph. The existence of a conjugal relationship, though it
243 may be relevant to the nature and extent of the relationship, is
244 not necessary for the application of the provisions of this
246 4. A court terminating an alimony award based on the
247 existence of a supportive relationship may not reserve
248 jurisdiction to later reinstate alimony.
249 Section 3. Section 61.19, Florida Statutes, is amended to
251 61.19 Entry of judgment of dissolution of marriage; , delay
252 period; bifurcation.—
253 (1) A No final judgment of dissolution of marriage may not
254 be entered until at least 20 days have elapsed from the date of
255 filing the original petition for dissolution of marriage, ; but
256 the court, on a showing that injustice would result from this
257 delay, may enter a final judgment of dissolution of marriage at
258 an earlier date.
259 (2) During the first 180 days after the date of service of
260 the original petition for dissolution of marriage, the court
261 shall not grant a final dissolution of marriage with a
262 reservation of jurisdiction to subsequently determine all other
263 substantive issues except in exceptional circumstances when it
264 is clearly necessary for the best interests of the parties or
265 their children. The desire of one of the parties to remarry does
266 not justify the use of this process. If more than 180 days have
267 elapsed after the date of service of the original petition for
268 dissolution of marriage, the court may grant a final dissolution
269 of marriage with a reservation of jurisdiction to subsequently
270 determine all other substantive issues only if the court enters
271 such other temporary orders as are necessary to protect the
272 interests of the parties and their children which shall remain
273 effective until such time as all other issues can be adjudicated
274 by the court. The temporary orders necessary to protect the
275 interests of the children and the parties which may be entered
276 before the granting of a dissolution of marriage without an
277 adjudication of all substantive issues may include, but shall
278 not be limited to, temporary orders that:
279 (a) Restrict the sale or disposition of property.
280 (b) Protect and preserve the marital assets.
281 (c) Establish support.
282 (d) Provide for maintenance of health insurance.
283 (e) Provide for maintenance of life insurance.
285 The court is not required to enter temporary orders to protect
286 the parties and their children if the court enters a final
287 judgment of dissolution of marriage which adjudicates
288 substantially all of the substantive issues between the parties
289 but reserves jurisdiction to address ancillary issues such as
290 the entry of a qualified domestic relations order or the
291 adjudication of attorney fees and costs.
292 Section 4. This act shall take effect July 1, 2012.
294 ================= T I T L E A M E N D M E N T ================
295 And the title is amended as follows:
296 Delete everything before the enacting clause
297 and insert:
298 A bill to be entitled
299 An act relating to dissolution of marriage; amending
300 s. 61.08, F.S.; revising factors to be considered for
301 alimony awards, including adultery; requiring a court
302 to make certain written findings concerning alimony;
303 revising provisions for award of durational alimony;
304 redesignating permanent alimony as long-term alimony
305 and revising provisions relating to its award;
306 requiring written findings regarding the standard of
307 living of the parties as established during the
308 marriage; amending s. 61.14, F.S.; prohibiting a court
309 from reserving jurisdiction to reinstate an alimony
310 award if a supportive relationship ends; amending s.
311 61.19, F.S.; prohibiting the court from granting a
312 final dissolution of marriage with a reservation of
313 jurisdiction during the first 180 days after the date
314 of service of the original petition for dissolution of
315 marriage to subsequently determine all other
316 substantive issues except in exceptional
317 circumstances; authorizing the court to grant a final
318 dissolution of marriage with a reservation of
319 jurisdiction to subsequently determine all other
320 substantive issues only if the court enters such other
321 temporary orders as are necessary to protect the
322 interests of the parties and their children; providing
323 circumstances in which the court is not required to
324 enter a temporary order; providing an effective date.