Florida Senate - 2017                                     SB 412
       By Senator Passidomo
       28-00441A-17                                           2017412__
    1                        A bill to be entitled                      
    2         An act relating to alimony; amending s. 61.071, F.S.;
    3         requiring the use of specified factors in calculating
    4         alimony pendente lite; requiring findings by the court
    5         regarding such alimony; specifying that a court may
    6         not use certain presumptive alimony guidelines in
    7         calculating such alimony; amending s. 61.08, F.S.;
    8         defining terms; requiring a court to make specified
    9         findings before ruling on a request for alimony;
   10         providing for determination of the presumptive alimony
   11         amount range and duration range; providing
   12         presumptions concerning alimony awards depending on
   13         the duration of marriages; providing for imputation of
   14         income in certain circumstances; providing for awards
   15         of nominal alimony in certain circumstances; providing
   16         for taxability and deductibility of alimony awards;
   17         specifying that a combined award of alimony and child
   18         support may not constitute more than a specified
   19         percentage of a payor’s net income; providing that a
   20         combined alimony and child support award be adjusted
   21         to reduce the combined award if it exceeds such
   22         specified percentage; providing for security of awards
   23         through specified means; providing for modification,
   24         termination, and payment of awards; providing for
   25         participation in alimony depository; amending s.
   26         61.14, F.S.; prohibiting a court from changing the
   27         duration of an alimony award; providing that a party
   28         may pursue an immediate modification of alimony in
   29         certain circumstances; revising factors to be
   30         considered in determining whether an existing award of
   31         alimony should be reduced or terminated because of an
   32         alleged supportive relationship; providing for the
   33         effective date of a reduction or termination of an
   34         alimony award based on the existence of a supportive
   35         relationship; providing that the remarriage of an
   36         alimony obligor is not a substantial change in
   37         circumstance; providing that the financial information
   38         of a subsequent spouse of a party paying or receiving
   39         alimony is inadmissible and undiscoverable; providing
   40         an exception; providing for modification or
   41         termination of an award based on an obligor’s
   42         retirement; allowing a temporary reduction or
   43         suspension of an obligor’s payment of alimony while
   44         his or her petition for modification or termination
   45         based on retirement is pending; providing for an award
   46         of attorney fees and costs for unreasonably pursuing
   47         or defending a modification of an award; establishing
   48         a rebuttable presumption that the modification of an
   49         alimony award is retroactive; providing applicability;
   50         providing an effective date.
   52  Be It Enacted by the Legislature of the State of Florida:
   54         Section 1. Section 61.071, Florida Statutes, is amended to
   55  read:
   56         61.071 Alimony pendente lite; suit money.—In every
   57  proceeding for dissolution of the marriage, a party may claim
   58  alimony and suit money in the petition or by motion, and if the
   59  petition is well founded, the court shall allow a reasonable sum
   60  therefor. If a party in any proceeding for dissolution of
   61  marriage claims alimony or suit money in his or her answer or by
   62  motion, and the answer or motion is well founded, the court
   63  shall allow a reasonable sum therefor. After determining that
   64  there is a need for alimony and that there is an ability to pay
   65  alimony, the court shall consider the alimony factors in s.
   66  61.08(4)(b)1.-14. and make specific written findings of fact
   67  regarding the relevant factors that justify an award of alimony
   68  under this section. The court may not use the presumptive
   69  alimony guidelines in s. 61.08 to calculate alimony under this
   70  section.
   71         Section 2. Section 61.08, Florida Statutes, is amended to
   72  read:
   73         61.08 Alimony.—
   74         (Substantial rewording of section. See
   75         s. 61.08, F.S., for present text.)
   76         (1)DEFINITIONS.—As used in this section, unless the
   77  context otherwise requires, the term:
   78         (a)1.“Gross income” means recurring income from any source
   79  and includes, but is not limited to, income from:
   80         a.Salaries.
   81         b.Wages, including tips declared by the individual for
   82  purposes of reporting to the Internal Revenue Service or tips
   83  imputed to bring the employee’s gross earnings to the minimum
   84  wage for the number of hours worked, whichever is greater.
   85         c.Commissions.
   86         d.Payments received as an independent contractor for labor
   87  or services, which payments must be considered income from self
   88  employment.
   89         e.Bonuses.
   90         f.Dividends.
   91         g.Severance pay.
   92         h.Pension payments and retirement benefits actually
   93  received.
   94         i.Royalties.
   95         j.Rental income, which is gross receipts minus ordinary
   96  and necessary expenses required to produce the income.
   97         k.Interest.
   98         l.Trust income and distributions that are regularly
   99  received, relied upon, or readily available to the beneficiary.
  100         m.Annuity payments.
  101         n.Capital gains.
  102         o.Any money drawn by a self-employed individual for
  103  personal use which is deducted as a business expense and which
  104  must be considered income from self-employment.
  105         p.Social security benefits, including social security
  106  benefits actually received by a party as a result of the
  107  disability of that party.
  108         q.Workers’ compensation benefits.
  109         r.Reemployment assistance or unemployment insurance
  110  benefits.
  111         s.Disability insurance benefits.
  112         t.Funds payable from any health, accident, disability, or
  113  casualty insurance to the extent that such insurance replaces
  114  wages or provides income in lieu of wages.
  115         u.Continuing monetary gifts.
  116         v.Income from general partnerships, limited partnerships,
  117  closely held corporations, or limited liability companies;
  118  except that if a party is a passive investor, has a minority
  119  interest in the company, and does not have any managerial duties
  120  or input, the income to be recognized may be limited to actual
  121  cash distributions received.
  122         w.Expense reimbursements or in-kind payments or benefits
  123  received by a party in the course of employment, self
  124  employment, or operation of a business which reduce personal
  125  living expenses.
  126         x.Overtime pay.
  127         y.Income from royalties, trusts, or estates.
  128         z.Spousal support received from a previous marriage.
  129         aa.Gains derived from dealings in property, unless the
  130  gain is nonrecurring.
  131         2.Gross income does not include:
  132         a.Child support payments received.
  133         b.Benefits received from public assistance programs.
  134         c.Social security benefits received by a parent on behalf
  135  of a minor child as a result of the death or disability of a
  136  parent or stepparent.
  137         d.Earnings or gains on retirement accounts, including
  138  individual retirement accounts, except that such earnings or
  139  gains must be included as income if a party takes a distribution
  140  from the account. If a party is able to take a distribution from
  141  the account without being subject to a federal tax penalty for
  142  early distribution and the party chooses not to take such a
  143  distribution, the court may consider the distribution that could
  144  have been taken in determining the party’s gross income.
  145         3.a.For income from self-employment, rent, royalties,
  146  proprietorship of a business, or joint ownership of a
  147  partnership or closely held corporation, the term equals gross
  148  receipts minus ordinary and necessary expenses, as defined in
  149  sub-subparagraph b., which are required to produce such income.
  150         b.“Ordinary and necessary expenses,” as used in sub
  151  subparagraph a., does not include amounts allowable by the
  152  Internal Revenue Service for the accelerated component of
  153  depreciation expenses or investment tax credits or any other
  154  business expenses determined by the court to be inappropriate
  155  for determining gross income for purposes of calculating
  156  alimony.
  157         (b)“Potential income” means income that could be earned by
  158  a party using his or her best efforts and includes potential
  159  income from employment and potential income from the investment
  160  of assets or use of property. Potential income from employment
  161  is the income a party could reasonably expect to earn by working
  162  at a locally available, full-time job commensurate with his or
  163  her education, training, and experience. Potential income from
  164  the investment of assets or use of property is the income a
  165  party could reasonably expect to earn from the investment of his
  166  or her assets or the use of his or her property in a financially
  167  prudent manner.
  168         (c)1.“Underemployed” means a party is not working full
  169  time in a position that is appropriate, based upon his or her
  170  educational training and experience, and available in the
  171  geographical area of his or her residence.
  172         2.A party is not considered underemployed if he or she is
  173  enrolled in an educational program that can be reasonably
  174  expected to result in a degree or certification within a
  175  reasonable period, so long as the educational program is:
  176         a.Expected to result in higher income within the
  177  foreseeable future; and
  178         b.A good faith educational choice based upon the previous
  179  education, training, skills, and experience of the party and the
  180  availability of immediate employment based upon the educational
  181  program being pursued.
  182         (d)“Years of marriage” means the number of whole years,
  183  beginning from the date of the parties’ marriage until the date
  184  of the filing of the action for dissolution of marriage.
  185         (2)INITIAL FINDINGS.—When a party has requested alimony in
  186  a dissolution of marriage proceeding, before granting or denying
  187  an award of alimony, the court shall make initial written
  188  findings as to:
  189         (a)The amount of each party’s monthly gross income,
  190  including, but not limited to, the actual or potential income,
  191  and also including actual or potential income from nonmarital or
  192  marital property distributed to each party.
  193         (b)The years of marriage as determined from the date of
  194  marriage through the date of the filing of the action for
  195  dissolution of marriage.
  196         (3)ALIMONY GUIDELINES.—After making the initial findings
  197  described in subsection (2), the court shall calculate the
  198  presumptive alimony amount range and the presumptive alimony
  199  duration range. The court shall make written findings as to the
  200  presumptive alimony amount range and presumptive alimony
  201  duration range.
  202         (a)Presumptive alimony amount range.—The low end of the
  203  presumptive alimony amount range shall be calculated by using
  204  the following formula:
  206         (0.015 x the years of marriage) x the difference
  207         between the monthly gross incomes of the parties
  209  The high end of the presumptive alimony amount range shall be
  210  calculated by using the following formula:
  212         (0.020 x the years of marriage) x the difference
  213         between the monthly gross incomes of the parties
  215  For purposes of calculating the presumptive alimony amount
  216  range, 20 years of marriage shall be used in calculating the low
  217  end and high end for marriages of 20 years or more. In
  218  calculating the difference between the parties’ monthly gross
  219  income, the income of the party seeking alimony shall be
  220  subtracted from the income of the other party. If the
  221  application of the formulas to establish a guideline range
  222  results in a negative number, the presumptive alimony amount
  223  shall be $0. If a court establishes the duration of the alimony
  224  award at 50 percent or less of the length of the marriage, the
  225  court shall use the actual years of the marriage, up to a
  226  maximum of 25 years, to calculate the high end of the
  227  presumptive alimony amount range.
  228         (b)Presumptive alimony duration range.—The low end of the
  229  presumptive alimony duration range shall be calculated by using
  230  the following formula:
  232         0.25 x the years of marriage
  234  The high end of the presumptive alimony duration range shall be
  235  calculated by using the following formula:
  237         0.75 x the years of marriage
  239         (4)ALIMONY AWARD.—
  240         (a)Marriages of 2 years or less.—For marriages of 2 years
  241  or less, there is a rebuttable presumption that alimony may not
  242  be awarded. The court may award alimony for a marriage with a
  243  duration of 2 years or less only if the court makes written
  244  findings that there is clear and convincing need for alimony,
  245  that there is an ability to pay alimony, and that the failure to
  246  award alimony would be inequitable. The court shall then
  247  establish the alimony award in accordance with paragraph (b).
  248         (b)Marriages of more than 2 years.—Absent an agreement of
  249  the parties, alimony shall presumptively be awarded in an amount
  250  within the alimony amount range calculated in paragraph (3)(a).
  251  Absent an agreement of the parties, alimony shall presumptively
  252  be awarded for a duration within the alimony duration range
  253  calculated in paragraph (3)(b). In determining the amount and
  254  duration of the alimony award, the court shall consider all of
  255  the following factors upon which evidence was presented:
  256         1.The financial resources of the recipient spouse,
  257  including the actual or potential income from nonmarital or
  258  marital property or any other source and the ability of the
  259  recipient spouse to meet his or her reasonable needs
  260  independently.
  261         2.The financial resources of the payor spouse, including
  262  the actual or potential income from nonmarital or marital
  263  property or any other source and the ability of the payor spouse
  264  to meet his or her reasonable needs while paying alimony.
  265         3.The standard of living of the parties during the
  266  marriage with consideration that there will be two households to
  267  maintain after the dissolution of the marriage and that neither
  268  party may be able to maintain the same standard of living after
  269  the dissolution of the marriage.
  270         4.The equitable distribution of marital property,
  271  including whether an unequal distribution of marital property
  272  was made to reduce or alleviate the need for alimony.
  273         5.Both parties’ income, employment, and employability,
  274  obtainable through reasonable diligence and additional training
  275  or education, if necessary, and any necessary reduction in
  276  employment due to the needs of an unemancipated child of the
  277  marriage or the circumstances of the parties.
  278         6.Whether a party could become better able to support
  279  himself or herself and reduce the need for ongoing alimony by
  280  pursuing additional educational or vocational training along
  281  with all of the details of such educational or vocational plan,
  282  including, but not limited to, the length of time required and
  283  the anticipated costs of such educational or vocational plan.
  284         7.Whether one party has historically earned higher or
  285  lower income than the income reflected at the time of trial and
  286  the duration and consistency of income from overtime or
  287  secondary employment.
  288         8.Whether either party has foregone or postponed economic,
  289  educational, or employment opportunities during the course of
  290  the marriage.
  291         9.Whether either party has caused the unreasonable
  292  depletion or dissipation of marital assets.
  293         10.The amount of temporary alimony and the number of
  294  months that temporary alimony was paid to the recipient spouse.
  295         11.The age, health, and physical and mental condition of
  296  the parties, including consideration of significant health care
  297  needs or uninsured or unreimbursed health care expenses.
  298         12.Significant economic or noneconomic contributions to
  299  the marriage or to the economic, educational, or occupational
  300  advancement of a party; including, but not limited to, services
  301  rendered in homemaking, child care, education, and career
  302  building of the other party; payment by one spouse of the other
  303  spouse’s separate debts; or enhancement of the other spouse’s
  304  personal or real property.
  305         13.The tax consequences of the alimony award.
  306         14.Any other factor necessary to do equity and justice
  307  between the parties.
  308         (c)Deviation from guidelines.—The court may establish an
  309  award of alimony that is outside the presumptive alimony amount
  310  or alimony duration ranges only if the court considers all of
  311  the factors in paragraph (b) and makes specific written findings
  312  concerning the relevant factors that justify that the
  313  application of the presumptive alimony amount or alimony
  314  duration ranges, as applicable, is inappropriate or inequitable.
  315         (d)Order establishing alimony award.—After consideration
  316  of the presumptive alimony amount and duration ranges in
  317  accordance with paragraphs (3)(a) and (b), and the factors upon
  318  which evidence was presented in accordance with paragraph (b),
  319  the court may establish an alimony award. An order establishing
  320  an alimony award must clearly set forth both the amount and the
  321  duration of the award. The court shall also make a written
  322  finding that the payor has the financial ability to pay the
  323  award.
  324         (5)IMPUTATION OF INCOME.—If a party is voluntarily
  325  unemployed or underemployed, alimony shall be calculated based
  326  on a determination of potential income unless the court makes
  327  specific written findings regarding the circumstances that make
  328  it inequitable to impute income.
  329         (6)NOMINAL ALIMONY.—Notwithstanding subsections (1), (3),
  330  and (4), the court may make an award of nominal alimony in the
  331  amount of $1 per year if, at the time of trial, a party who has
  332  traditionally provided the primary source of financial support
  333  to the family temporarily lacks the ability to pay support but
  334  is reasonably anticipated to have the ability to pay support in
  335  the future. The court may also award nominal alimony for an
  336  alimony recipient that is presently able to work but for whom a
  337  medical condition with a reasonable degree of medical certainty
  338  may inhibit or prevent his or her ability to work during the
  339  duration of the alimony period. The duration of the nominal
  340  alimony shall be established within the presumptive durational
  341  range based upon the length of the marriage subject to the
  342  alimony factors in paragraph (4)(b). Before the expiration of
  343  the durational period, nominal alimony may be modified in
  344  accordance with s. 61.14 as to amount to a full alimony award
  345  using the alimony guidelines and factors in this section.
  347         (a)Unless otherwise stated in the judgment or order for
  348  alimony or in an agreement incorporated thereby, alimony shall
  349  be deductible from income by the payor under s. 215 of the
  350  Internal Revenue Code and includable in the income of the payee
  351  under s. 71 of the Internal Revenue Code.
  352         (b)When making a judgment or order for alimony, the court
  353  may, in its discretion after weighing the equities and tax
  354  efficiencies, order that alimony be nondeductible from income by
  355  the payor and nonincludable in the income of the payee.
  356         (c)The parties may, in a marital settlement agreement,
  357  separation agreement, or related agreement, specifically agree
  358  in writing that alimony be nondeductible from income by the
  359  payor and nonincludable in the income of the payee.
  360         (8)MAXIMUM COMBINED AWARD.—A combined award of alimony and
  361  child support may not exceed 55 percent of the payor’s net
  362  income, calculated without any consideration of alimony or child
  363  support obligations. If the combined award exceeds the maximum
  364  percentage of the payor’s net income, the court must adjust the
  365  award of child support to ensure that the 55-percent cap is not
  366  exceeded.
  367         (9)SECURITY OF AWARD.—To the extent necessary to protect
  368  an award of alimony, the court may order any party who is
  369  ordered to pay alimony to purchase or maintain a decreasing term
  370  life insurance policy or a bond, or to otherwise secure such
  371  alimony award with any other assets that may be suitable for
  372  that purpose, in an amount adequate to secure the alimony award.
  373  Any such security may be awarded only upon a showing of special
  374  circumstances. If the court finds special circumstances and
  375  awards such security, the court must make specific evidentiary
  376  findings regarding the availability, cost, and financial impact
  377  on the obligated party. Any security is modifiable if the
  378  underlying alimony award is modified and shall be reduced in an
  379  amount commensurate with any reduction in the alimony award.
  380         (10)MODIFICATION OF AWARD.—A court may subsequently modify
  381  or terminate the amount of an award of alimony initially
  382  established under this section in accordance with s. 61.14.
  383  However, a court may not modify the duration of an award of
  384  alimony initially established under this section.
  385         (11)TERMINATION OF AWARD.—An alimony award shall terminate
  386  upon the death of either party or the remarriage of the obligee.
  387         (12)PAYMENT OF AWARD.—
  388         (a) With respect to an order requiring the payment of
  389  alimony entered on or after January 1, 1985, unless paragraph
  390  (c) or paragraph (d) applies, the court shall direct in the
  391  order that the payments of alimony be made through the
  392  appropriate depository as provided in s. 61.181.
  393         (b)With respect to an order requiring the payment of
  394  alimony entered before January 1, 1985, upon the subsequent
  395  appearance, on or after that date, of one or both parties before
  396  the court having jurisdiction for the purpose of modifying or
  397  enforcing the order or in any other proceeding related to the
  398  order, or upon the application of either party, unless paragraph
  399  (c) or paragraph (d) applies, the court shall modify the terms
  400  of the order as necessary to direct that payments of alimony be
  401  made through the appropriate depository as provided in s.
  402  61.181.
  403         (c)If there is no minor child, alimony payments need not
  404  be directed through the depository.
  405         (d)1.If there is a minor child of the parties and both
  406  parties so request, the court may order that alimony payments
  407  need not be directed through the depository. In this case, the
  408  order of support shall provide, or be deemed to provide, that
  409  either party may subsequently apply to the depository to require
  410  that payments be made through the depository. The court shall
  411  provide a copy of the order to the depository.
  412         2.If subparagraph 1. applies, either party may
  413  subsequently file with the clerk of the court a verified motion
  414  alleging a default or arrearages in payment stating that the
  415  party wishes to initiate participation in the depository
  416  program. The moving party shall provide a copy of the motion to
  417  the other party. No later than 15 days after filing the motion,
  418  the court shall conduct an evidentiary hearing establishing the
  419  default and arrearages, if any, and issue an order directing the
  420  clerk of the circuit court to establish a, or amend an existing,
  421  family law case history account, and further advising the
  422  parties that future payments shall thereafter be directed
  423  through the depository.
  424         3.In IV-D cases, the Title IV-D agency shall have the same
  425  rights as the obligee in requesting that payments be made
  426  through the depository.
  427         Section 3. Subsection (1) of section 61.14, Florida
  428  Statutes, is amended to read:
  429         61.14 Enforcement and modification of support, maintenance,
  430  or alimony agreements or orders.—
  431         (1)(a) When the parties enter into an agreement for
  432  payments for, or instead of, support, maintenance, or alimony,
  433  whether in connection with a proceeding for dissolution or
  434  separate maintenance or with any voluntary property settlement,
  435  or when a party is required by court order to make any payments,
  436  and the circumstances or the financial ability of either party
  437  changes or the child who is a beneficiary of an agreement or
  438  court order as described herein reaches majority after the
  439  execution of the agreement or the rendition of the order, either
  440  party may apply to the circuit court of the circuit in which the
  441  parties, or either of them, resided at the date of the execution
  442  of the agreement or reside at the date of the application, or in
  443  which the agreement was executed or in which the order was
  444  rendered, for an order decreasing or increasing the amount of
  445  support, maintenance, or alimony, and the court has jurisdiction
  446  to make orders as equity requires, with due regard to the
  447  changed circumstances or the financial ability of the parties or
  448  the child, decreasing, increasing, or confirming the amount of
  449  separate support, maintenance, or alimony provided for in the
  450  agreement or order. However, a court may not decrease or
  451  increase the duration of alimony provided for in the agreement
  452  or order. A party is entitled to pursue an immediate
  453  modification of alimony if the actual income earned by the other
  454  party exceeds, by at least 10 percent, the amount imputed to
  455  that party at the time the existing alimony award was determined
  456  and such circumstance shall constitute a substantial change in
  457  circumstances sufficient to support a modification of alimony.
  458  However, an increase in an alimony obligor’s income alone does
  459  not constitute a basis for a modification to increase alimony
  460  unless at the time the alimony award was established it was
  461  determined that the obligor was underemployed or unemployed and
  462  the court did not impute income to that party at his or her
  463  maximum potential income. If an alimony obligor becomes
  464  involuntarily underemployed or unemployed for a period of 6
  465  months following the entry of the last order requiring the
  466  payment of alimony, the obligor is entitled to pursue an
  467  immediate modification of his or her existing alimony
  468  obligations and such circumstance shall constitute a substantial
  469  change in circumstance sufficient to support a modification of
  470  alimony. A finding that medical insurance is reasonably
  471  available or the child support guidelines schedule in s. 61.30
  472  may constitute changed circumstances. Except as otherwise
  473  provided in s. 61.30(11)(c), the court may modify an order of
  474  support or, maintenance, or alimony by increasing or decreasing
  475  the support or, maintenance, or alimony retroactively to the
  476  date of the filing of the action or supplemental action for
  477  modification as equity requires, giving due regard to the
  478  changed circumstances or the financial ability of the parties or
  479  the child.
  480         (b)1. The court may reduce or terminate an award of alimony
  481  upon specific written findings by the court that since the
  482  granting of a divorce and the award of alimony a supportive
  483  relationship exists or has existed within the previous year
  484  before the date of the filing of the petition for modification
  485  or termination between the obligee and another a person with
  486  whom the obligee resides. On the issue of whether alimony should
  487  be reduced or terminated under this paragraph, the burden is on
  488  the obligor to prove by a preponderance of the evidence that a
  489  supportive relationship exists.
  490         2. In determining whether an existing award of alimony
  491  should be reduced or terminated because of an alleged supportive
  492  relationship between an obligee and a person who is not related
  493  by consanguinity or affinity and with whom the obligee resides,
  494  the court shall elicit the nature and extent of the relationship
  495  in question. The court shall give consideration, without
  496  limitation, to circumstances, including, but not limited to, the
  497  following, in determining the relationship of an obligee to
  498  another person:
  499         a. The extent to which the obligee and the other person
  500  have held themselves out as a married couple by engaging in
  501  conduct such as using the same last name, using a common mailing
  502  address, referring to each other in terms such as “my spouse”
  503  “my husband” or “my wife,” or otherwise conducting themselves in
  504  a manner that evidences a permanent supportive relationship.
  505         b. The period of time that the obligee has resided with the
  506  other person in a permanent place of abode.
  507         c. The extent to which the obligee and the other person
  508  have pooled their assets or income or otherwise exhibited
  509  financial interdependence.
  510         d. The extent to which the obligee or the other person has
  511  supported the other, in whole or in part.
  512         e. The extent to which the obligee or the other person has
  513  performed valuable services for the other.
  514         f. The extent to which the obligee or the other person has
  515  performed valuable services for the other’s company or employer.
  516         g. Whether the obligee and the other person have worked
  517  together to create or enhance anything of value.
  518         h. Whether the obligee and the other person have jointly
  519  contributed to the purchase of any real or personal property.
  520         i. Evidence in support of a claim that the obligee and the
  521  other person have an express agreement regarding property
  522  sharing or support.
  523         j. Evidence in support of a claim that the obligee and the
  524  other person have an implied agreement regarding property
  525  sharing or support.
  526         k. Whether the obligee and the other person have provided
  527  support to the children of one another, regardless of any legal
  528  duty to do so.
  529         l.Whether the obligor’s failure, in whole or in part, to
  530  comply with all court-ordered financial obligations to the
  531  obligee constituted a significant factor in the establishment of
  532  the supportive relationship.
  533         3.In any proceeding to modify an alimony award based upon
  534  a supportive relationship, the obligor has the burden of proof
  535  to establish, by a preponderance of the evidence, that a
  536  supportive relationship exists or has existed within the
  537  previous year before the date of the filing of the petition for
  538  modification or termination. The obligor is not required to
  539  prove cohabitation of the obligee and the third party.
  540         4.Notwithstanding paragraph (f), if a reduction or
  541  termination is granted under this paragraph, the reduction or
  542  termination is retroactive to the date of filing of the petition
  543  for reduction or termination.
  544         5.3. This paragraph does not abrogate the requirement that
  545  every marriage in this state be solemnized under a license, does
  546  not recognize a common law marriage as valid, and does not
  547  recognize a de facto marriage. This paragraph recognizes only
  548  that relationships do exist that provide economic support
  549  equivalent to a marriage and that alimony terminable on
  550  remarriage may be reduced or terminated upon the establishment
  551  of equivalent equitable circumstances as described in this
  552  paragraph. The existence of a conjugal relationship, though it
  553  may be relevant to the nature and extent of the relationship, is
  554  not necessary for the application of the provisions of this
  555  paragraph.
  556         (c)1.For purposes of this section, the remarriage of an
  557  alimony obligor does not constitute a substantial change in
  558  circumstance or a basis for a modification of alimony.
  559         2.The financial information, including, but not limited
  560  to, information related to assets and income, of a subsequent
  561  spouse of a party paying or receiving alimony is inadmissible
  562  and may not be considered as a part of any modification action
  563  unless a party is claiming that his or her income has decreased
  564  since the marriage. If a party makes such a claim, the financial
  565  information of the subsequent spouse is discoverable and
  566  admissible only to the extent necessary to establish whether the
  567  party claiming that his or her income has decreased is diverting
  568  income or assets to the subsequent spouse that might otherwise
  569  be available for the payment of alimony. However, this
  570  subparagraph may not be used to prevent the discovery of or
  571  admissibility in evidence of the income or assets of a party
  572  when those assets are held jointly with a subsequent spouse.
  573  This subparagraph is not intended to prohibit the discovery or
  574  admissibility of a joint tax return filed by a party and his or
  575  her subsequent spouse in connection with a modification of
  576  alimony.
  577         (d)1.An obligor may file a petition for modification or
  578  termination of an alimony award based upon his or her actual
  579  retirement.
  580         a.A substantial change in circumstance is deemed to exist
  581  if:
  582         (I)The obligor has reached the age for eligibility to
  583  receive full retirement benefits under s. 216 of the Social
  584  Security Act, 42 U.S.C. s. 416, and has retired; or
  585         (II)The obligor has reached the customary retirement age
  586  for his or her occupation and has retired from that occupation.
  587  An obligor may file an action within 1 year before his or her
  588  anticipated retirement date and the court shall determine the
  589  customary retirement date for the obligor’s profession. However,
  590  a determination of the customary retirement age is not an
  591  adjudication of a petition for a modification of an alimony
  592  award.
  593         b.If an obligor voluntarily retires before reaching any of
  594  the ages described in sub-subparagraph a., the court shall
  595  determine whether the obligor’s retirement is reasonable upon
  596  consideration of the obligor’s age, health, and motivation for
  597  retirement and the financial impact on the obligee. A finding of
  598  reasonableness by the court shall constitute a substantial
  599  change in circumstance.
  600         2.Upon a finding of a substantial change in circumstance,
  601  there is a rebuttable presumption that an obligor’s existing
  602  alimony obligation shall be modified or terminated. The court
  603  shall modify or terminate the alimony obligation, or make a
  604  determination regarding whether the rebuttable presumption has
  605  been overcome, based upon the following factors applied to the
  606  current circumstances of the obligor and obligee:
  607         a.The age of the parties.
  608         b.The health of the parties.
  609         c.The assets and liabilities of the parties.
  610         d.The earned or imputed income of the parties as provided
  611  in s. 61.08(1)(a) and (5).
  612         e.The ability of the parties to maintain part-time or
  613  full-time employment.
  614         f.Any other factor deemed relevant by the court.
  615         3.The court may temporarily reduce or suspend the
  616  obligor’s payment of alimony while his or her petition for
  617  modification or termination under this paragraph is pending.
  618         (e)A party who unreasonably pursues or defends an action
  619  for modification of alimony shall be required to pay the
  620  reasonable attorney fees and costs of the prevailing party.
  621  Further, a party obligated to pay prevailing party attorney fees
  622  and costs in connection with unreasonably pursuing or defending
  623  an action for modification is not entitled to an award of
  624  attorney fees and cost in accordance with s. 61.16.
  625         (f)There is a rebuttable presumption that a modification
  626  or termination of an alimony award is retroactive to the date of
  627  the filing of the petition, unless the obligee demonstrates that
  628  the result is inequitable.
  629         (g)(c) For each support order reviewed by the department as
  630  required by s. 409.2564(11), if the amount of the child support
  631  award under the order differs by at least 10 percent but not
  632  less than $25 from the amount that would be awarded under s.
  633  61.30, the department shall seek to have the order modified and
  634  any modification shall be made without a requirement for proof
  635  or showing of a change in circumstances.
  636         (h)(d) The department may shall have authority to adopt
  637  rules to implement this section.
  638         Section 4. The amendments made by this act to chapter 61,
  639  Florida Statutes, apply to all initial determinations of alimony
  640  and all alimony modification actions that are pending on October
  641  1, 2017, or that are brought on or after October 1, 2017. The
  642  amendments to law made by this act do not constitute a
  643  substantial change in circumstances and may not serve as the
  644  sole basis to seek a modification of an alimony award made
  645  before October 1, 2017.
  646         Section 5. This act shall take effect October 1, 2017.