Florida Senate - 2019                                    SB 1596
       
       
        
       By Senator Harrell
       
       
       
       
       
       25-01339-19                                           20191596__
    1                        A bill to be entitled                      
    2         An act relating to family law; amending s. 61.071,
    3         F.S.; requiring that alimony pendente lite be
    4         calculated in accordance with s. 61.08, F.S.; amending
    5         s. 61.08, F.S.; defining terms; providing for the
    6         priority of bridge-the-gap alimony, followed by
    7         rehabilitative alimony, over any other form; requiring
    8         a court to make written findings regarding the basis
    9         for awarding a combination of forms of alimony,
   10         including the type of alimony and length of time for
   11         which it is awarded; providing that the party seeking
   12         alimony has the burden of proof of demonstrating a
   13         need for alimony and that the other party has the
   14         ability to pay alimony; requiring the court to
   15         consider specified relevant factors when determining
   16         the proper type and amount of alimony; revising
   17         provisions relating to the protection of awards of
   18         alimony; revising provisions for an award of
   19         durational alimony; specifying criteria related to the
   20         rebuttable presumption to award or not to award
   21         alimony; specifying criteria for awarding
   22         rehabilitative alimony; deleting a provision
   23         authorizing permanent alimony; providing for
   24         retirement of a party against whom alimony is sought;
   25         providing for imputation of income to the obligor or
   26         obligee in certain circumstances; amending s. 61.09,
   27         F.S.; providing for the calculation of alimony;
   28         amending s. 61.13, F.S.; establishing a presumption
   29         that it is in the best interest of the child for the
   30         court to order equal time-sharing for each minor
   31         child; providing exceptions; providing prospective
   32         applicability of the presumption; amending s. 61.14,
   33         F.S.; authorizing a party to apply for an order to
   34         terminate the amount of support, maintenance, or
   35         alimony; requiring that an alimony order be modified
   36         upward upon a showing by clear and convincing evidence
   37         of an increased ability to pay alimony by the other
   38         party; prohibiting an increase in an obligor’s income
   39         from being considered permanent in nature until it has
   40         been maintained for a specified period without
   41         interruption; providing an exemption from the
   42         reduction or termination of an alimony award in
   43         certain circumstances; providing that there is a
   44         rebuttable presumption that any modification or
   45         termination of an alimony award is retroactive to the
   46         date of the filing of the petition; providing for an
   47         award of attorney fees and costs if it is determined
   48         that an obligee or obligor unnecessarily or
   49         unreasonably litigates a petition for modification or
   50         termination of an alimony award; providing that if the
   51         court orders alimony concurrent with a child support
   52         order, the alimony award may not be modified because
   53         of the later modification or termination of child
   54         support payments; providing that an obligor’s
   55         subsequent remarriage or cohabitation is not a basis
   56         for modification of alimony; providing that income and
   57         assets of an obligor’s subsequent spouse or person
   58         with whom the obligor is residing are generally not
   59         relevant in a modification action; providing that
   60         attaining retirement age is a substantial change in an
   61         obligor’s circumstances; requiring the court to
   62         consider certain factors in determining whether the
   63         obligor’s retirement is reasonable; requiring a court
   64         to terminate or reduce an alimony award based on
   65         certain factors; amending s. 61.19, F.S.; authorizing
   66         separate adjudication of issues in a dissolution of
   67         marriage case in certain circumstances; providing for
   68         temporary orders necessary to protect the parties and
   69         their children; providing for retroactive application
   70         of the act to alimony awards entered before July 1,
   71         2019; providing an exception; providing allowable
   72         dates for the modification of such awards; providing
   73         an effective date.
   74          
   75  Be It Enacted by the Legislature of the State of Florida:
   76  
   77         Section 1. Section 61.071, Florida Statutes, is amended to
   78  read:
   79         61.071 Alimony pendente lite; suit money.—In every
   80  proceeding for dissolution of the marriage, a party may claim
   81  alimony and suit money in the petition or by motion, and if the
   82  petition is well founded, the court shall allow alimony
   83  calculated in accordance with s. 61.08 and a reasonable sum of
   84  suit money therefor. If a party in any proceeding for
   85  dissolution of marriage claims alimony or suit money in his or
   86  her answer or by motion, and the answer or motion is well
   87  founded, the court shall allow alimony calculated in accordance
   88  with s. 61.08 and a reasonable sum of suit money therefor.
   89         Section 2. Section 61.08, Florida Statutes, is amended to
   90  read:
   91         61.08 Alimony.—
   92         (1)As used in this section, the term:
   93         (a)“Alimony” means a court-ordered payment of support by
   94  an obligor spouse to an obligee spouse.
   95         (b)“Long-term marriage” means a marriage having a duration
   96  of equal to or more than 20 years, as measured from the date of
   97  the marriage to the date of filing the petition for dissolution.
   98         (c)“Mid-term marriage” means a marriage having a duration
   99  of more than 11 years but less than 20 years, as measured from
  100  the date of marriage to the date of filing the petition for
  101  dissolution.
  102         (d) “Net income” means net income as determined in
  103  accordance with s. 61.30.
  104         (e) “Short-term marriage” means a marriage having a
  105  duration equal to or less than 11 years, as measured from the
  106  date of the marriage to the date of filing the petition for
  107  dissolution.
  108         (2)(a)(1) In a proceeding for dissolution of marriage, the
  109  court may grant alimony to either party in the form of, which
  110  alimony may be bridge-the-gap, rehabilitative, or durational
  111  alimony, or a permanent in nature or any combination of these
  112  forms of alimony, but shall prioritize an award of bridge-the
  113  gap alimony, followed by rehabilitative alimony, over any other
  114  form of alimony. In an any award of alimony, the court may order
  115  periodic payments, or payments in lump sum, or both.
  116         (b)The court shall make written findings regarding the
  117  basis for awarding a combination of forms of alimony, including
  118  the type of alimony and the length of time for which it is
  119  awarded. The court may award only a combination of forms of
  120  alimony to provide greater economic assistance in order to allow
  121  the recipient to achieve rehabilitation.
  122         (c) The court may consider the adultery of either party
  123  spouse and the circumstances thereof in determining the amount
  124  of alimony, if any, to be awarded.
  125         (d) In all dissolution actions, the court shall include
  126  written findings of fact relative to the factors enumerated in
  127  subsection (3) (2) supporting an award or denial of alimony.
  128         (3)(2)The party seeking alimony has the burden of proof of
  129  demonstrating a need for alimony in accordance with subsection
  130  (8) and that the other party has the ability to pay alimony. In
  131  determining whether to award alimony or maintenance, the court
  132  shall first make, in writing, a specific factual determination
  133  as to whether the other either party has an actual need for
  134  alimony or maintenance and whether either party has the ability
  135  to pay alimony or maintenance. If the court finds that the a
  136  party seeking alimony has met its burden of proof in
  137  demonstrating a need for alimony or maintenance and that the
  138  other party has the ability to pay alimony or maintenance, then
  139  in determining the proper type and amount of alimony or
  140  maintenance under subsections (5)-(9) (5)-(8), the court shall
  141  consider all relevant factors, including, but not limited to:
  142         (a)The standard of living established during the marriage.
  143         (a)(b) The duration of the marriage.
  144         (b)(c) The age and the physical and emotional condition of
  145  each party.
  146         (c)(d) The financial resources of each party, including the
  147  portion of nonmarital assets that were relied upon by the
  148  parties during the marriage and the marital assets and
  149  liabilities distributed to each.
  150         (d)(e) The earning capacities, educational levels,
  151  vocational skills, and employability of the parties and, when
  152  applicable, the time necessary for either party to acquire
  153  sufficient education or training to enable such party to find
  154  appropriate employment.
  155         (e)(f) The contribution of each party to the marriage,
  156  including, but not limited to, services rendered in homemaking,
  157  child care, education, and career building of the other party.
  158         (f)(g) The responsibilities each party will have with
  159  regard to any minor children that the parties they have in
  160  common.
  161         (g)(h) The tax treatment and consequences to both parties
  162  of an any alimony award, which must be consistent with
  163  applicable state and federal tax laws and may include including
  164  the designation of all or a portion of the payment as a
  165  nontaxable, nondeductible payment.
  166         (h)(i) All sources of income available to either party,
  167  including income available to either party through investments
  168  of any asset held by that party which was acquired during the
  169  marriage or acquired outside of the marriage and relied upon
  170  during the marriage.
  171         (i)The needs and necessities of life after dissolution of
  172  marriage, taking into account the lifestyle of the parties
  173  during the marriage but subject to the presumption in paragraph
  174  (j).
  175         (j)The net income and standard of living available to each
  176  party after the application of the alimony award. There is a
  177  rebuttable presumption that both parties will have a lower
  178  standard of living after the dissolution of marriage than the
  179  standard of living they enjoyed during the marriage. This
  180  presumption may be overcome by a preponderance of the evidence.
  181         (k)(j) Any other factor necessary to do equity and justice
  182  between the parties, if that factor is specifically identified
  183  in the award with findings of fact justifying the application of
  184  the factor.
  185         (4)(3) To the extent necessary to protect an award of
  186  alimony, the court may order any party who is ordered to pay
  187  alimony to purchase or maintain a life insurance policy that may
  188  be decreasing or another form of term life insurance at the
  189  option of the obligor or a bond, or to otherwise secure such
  190  alimony award with any other assets that which may be suitable
  191  for that purpose, in an amount adequate to secure the alimony
  192  award. Any such security may be awarded only upon a showing of
  193  special circumstances. If the court finds special circumstances
  194  and awards such security, the court must make specific
  195  evidentiary findings regarding the availability, cost, and
  196  financial impact on the obligated party. Any security may be
  197  modifiable in the event that the underlying alimony award is
  198  modified and must be reduced in an amount commensurate with any
  199  reduction in the alimony award.
  200         (4)For purposes of determining alimony, there is a
  201  rebuttable presumption that a short-term marriage is a marriage
  202  having a duration of less than 7 years, a moderate-term marriage
  203  is a marriage having a duration of greater than 7 years but less
  204  than 17 years, and long-term marriage is a marriage having a
  205  duration of 17 years or greater. The length of a marriage is the
  206  period of time from the date of marriage until the date of
  207  filing of an action for dissolution of marriage.
  208         (5) Bridge-the-gap alimony may be awarded to assist a party
  209  by providing support to allow the party to make a transition
  210  from being married to being single. Bridge-the-gap alimony is
  211  designed to assist a party with legitimate identifiable short
  212  term needs, and the length of an award may not exceed 2 years.
  213  An award of bridge-the-gap alimony terminates upon the death of
  214  either party or upon the remarriage of the party receiving
  215  alimony. An award of bridge-the-gap alimony is shall not be
  216  modifiable in amount or duration.
  217         (6)(a) Rehabilitative alimony may be awarded to assist a
  218  party in establishing the capacity for self-support through
  219  either:
  220         1. The redevelopment of previous skills or credentials; or
  221         2. The acquisition of education, training, or work
  222  experience necessary to develop appropriate employment skills or
  223  credentials.
  224         (b) In order to award rehabilitative alimony, there must be
  225  a specific and defined rehabilitative plan which shall be
  226  included as a part of any order awarding rehabilitative alimony.
  227         (c) An award of rehabilitative alimony may be modified or
  228  terminated only during the rehabilitative period in accordance
  229  with s. 61.14 based upon a substantial change in circumstances,
  230  upon noncompliance with the rehabilitative plan, or upon
  231  completion of the rehabilitative plan.
  232         (7) Durational alimony may be awarded when permanent
  233  periodic alimony is inappropriate. The purpose of durational
  234  alimony is to provide a party with economic assistance for a set
  235  period of time following a short-term, mid-term, or long-term
  236  marriage of short or moderate duration or following a marriage
  237  of long duration if there is no ongoing need for support on a
  238  permanent basis. When awarding durational alimony, the court
  239  must make written findings that an award of another form of
  240  alimony or a combination of the other forms of alimony is not
  241  appropriate. An award of durational alimony terminates upon the
  242  death of either party or upon the remarriage of the party
  243  receiving alimony. The amount of an award of durational alimony
  244  shall may be modified or terminated based upon a substantial
  245  change in circumstances or upon the existence of a supportive
  246  relationship in accordance with s. 61.14. However, The length of
  247  an award of durational alimony may not be modified except under
  248  exceptional circumstances and may not exceed 50 percent of the
  249  length of the marriage, unless the party seeking alimony proves
  250  by a preponderance of the evidence the circumstances justifying
  251  the need for a longer award of alimony, which circumstances must
  252  be set out in writing by the court the length of the marriage.
  253         (8)(a)There is a rebuttable presumption against awarding
  254  alimony for a short-term marriage. A party seeking bridge-the
  255  gap or rehabilitative alimony may overcome this presumption by
  256  demonstrating by a preponderance of the evidence a need for
  257  alimony. A party seeking durational alimony may overcome this
  258  presumption by demonstrating by clear and convincing evidence a
  259  need for alimony. If the court finds that the party has met its
  260  burden in demonstrating a need for alimony and that the other
  261  party has the ability to pay alimony, the court shall determine
  262  a monthly award of alimony that may not exceed 25 percent of the
  263  obligor’s gross monthly income, as calculated under s.
  264  61.30(2)(a), with the exception that gross income does not
  265  include, consistent with paragraph (3)(h), sources of income
  266  acquired outside of the marriage which were not relied upon
  267  during the marriage.
  268         (b)There is no presumption in favor of either party to an
  269  award of alimony for a mid-term marriage. A party seeking such
  270  alimony must prove by a preponderance of the evidence a need for
  271  alimony. If the court finds that the party has met its burden in
  272  demonstrating a need for alimony and that the other party has
  273  the ability to pay alimony, the court shall determine a monthly
  274  award of alimony that may not exceed 35 percent of the obligor’s
  275  gross monthly income, as calculated under s. 61.30(2)(a), with
  276  the exception that gross income does not include, consistent
  277  with paragraph (3)(h), sources of income acquired outside of the
  278  marriage which were not relied upon during the marriage.
  279         (c)There is a rebuttable presumption in favor of awarding
  280  alimony for a long-term marriage. A party against whom alimony
  281  is sought may overcome this presumption by demonstrating by
  282  clear and convincing evidence that there is no need for alimony.
  283  If the court finds that the party against whom alimony is sought
  284  fails to meet its burden to demonstrate that there is no need
  285  for alimony, and that the party has the ability to pay alimony,
  286  the court shall determine a monthly award of alimony which may
  287  not exceed 38 percent of the obligor’s gross monthly income, as
  288  calculated under s. 61.30(2)(a), with the exception that gross
  289  income does not include, consistent with paragraph (3)(h),
  290  sources of income acquired outside of the marriage which were
  291  not relied upon during the marriage.
  292         (d)Notwithstanding subsections (8) and (9), the
  293  combination of an award of rehabilitative alimony and another
  294  form of alimony may be awarded up to a maximum of 40 percent of
  295  the obligor’s gross monthly income during the temporary period
  296  in which rehabilitative alimony has been awarded, as calculated
  297  under s. 61.30(2)(a), with the exception that gross income does
  298  not include, consistent with paragraph (3)(h), sources of income
  299  acquired outside of the marriage which were not relied upon
  300  during the marriage.
  301         (9) The court may order alimony exceeding the monthly
  302  income limits established in subsection (8) if the court
  303  determines, in accordance with the factors in subsection (3),
  304  that there is a need for additional alimony, which determination
  305  must be set out in writing Permanent alimony may be awarded to
  306  provide for the needs and necessities of life as they were
  307  established during the marriage of the parties for a party who
  308  lacks the financial ability to meet his or her needs and
  309  necessities of life following a dissolution of marriage.
  310  Permanent alimony may be awarded following a marriage of long
  311  duration if such an award is appropriate upon consideration of
  312  the factors set forth in subsection (2), following a marriage of
  313  moderate duration if such an award is appropriate based upon
  314  clear and convincing evidence after consideration of the factors
  315  set forth in subsection (2), or following a marriage of short
  316  duration if there are written findings of exceptional
  317  circumstances. In awarding permanent alimony, the court shall
  318  include a finding that no other form of alimony is fair and
  319  reasonable under the circumstances of the parties. An award of
  320  permanent alimony terminates upon the death of either party or
  321  upon the remarriage of the party receiving alimony. An award may
  322  be modified or terminated based upon a substantial change in
  323  circumstances or upon the existence of a supportive relationship
  324  in accordance with s. 61.14.
  325         (10) A party against whom alimony is sought who has met the
  326  requirements for retirement in accordance with s. 61.14(12)
  327  before the filing of the petition for dissolution is not
  328  required to pay alimony unless the party seeking alimony proves
  329  by clear and convincing evidence that the other party has the
  330  ability to pay alimony, in addition to all other requirements of
  331  this section.
  332         (11)(9)Notwithstanding any other provision of law, alimony
  333  may not be awarded to a party who has a monthly net income that
  334  is equal to or more than the other party. Except in the case of
  335  a long-term marriage, in awarding alimony, the court shall
  336  impute income to the obligor and obligee as follows:
  337         (a) In the case of the obligor, social security retirement
  338  benefits may not be imputed to the obligor, as demonstrated by a
  339  social security retirement benefits entitlement letter.
  340         (b) In the case of the obligee, if the obligee:
  341         1. Is unemployed at the time the petition is filed and has
  342  been unemployed for less than 1 year before the time of the
  343  filing of the petition, the obligee’s monthly net income shall
  344  be imputed at 90 percent of the obligee’s prior monthly net
  345  income.
  346         2. Is unemployed at the time the petition is filed and has
  347  been unemployed for at least 1 year but less than 2 years before
  348  the time of the filing of the petition, the obligee’s monthly
  349  net income shall be imputed at 80 percent of the obligee’s prior
  350  monthly net income.
  351         3. Is unemployed at the time the petition is filed and has
  352  been unemployed for at least 2 years but less than 3 years
  353  before the time of the filing of the petition, the obligee’s
  354  monthly net income shall be imputed at 70 percent of the
  355  obligee’s prior monthly net income.
  356         4. Is unemployed at the time the petition is filed and has
  357  been unemployed for at least 3 years but less than 4 years
  358  before the time of the filing of the petition, the obligee’s
  359  monthly net income shall be imputed at 60 percent of the
  360  obligee’s prior monthly net income.
  361         5. Is unemployed at the time the petition is filed and has
  362  been unemployed for at least 4 years but less than 5 years
  363  before the time of the filing of the petition, the obligee’s
  364  monthly net income shall be imputed at 50 percent of the
  365  obligee’s prior monthly net income.
  366         6. Is unemployed at the time the petition is filed and has
  367  been unemployed for at least 5 years before the time of the
  368  filing of the petition, the obligee’s monthly net income shall
  369  be imputed at 40 percent of the obligee’s prior monthly net
  370  income, or the monthly net income of a minimum wage earner at
  371  the time of the filing of the petition, whichever is greater.
  372         7. Proves by a preponderance of the evidence that he or she
  373  does not have the ability to earn the imputed income through
  374  reasonable means, the court shall reduce the imputation of
  375  income specified in this paragraph. If the obligee alleges that
  376  a physical disability has impaired his or her ability to earn
  377  the imputed income, such disability must meet the definition of
  378  disability as determined by the Social Security Administration
  379  The award of alimony may not leave the payor with significantly
  380  less net income than the net income of the recipient unless
  381  there are written findings of exceptional circumstances.
  382         (12)(a)(10)(a) With respect to any order requiring the
  383  payment of alimony entered on or after January 1, 1985, unless
  384  the provisions of paragraph (c) or paragraph (d) applies apply,
  385  the court shall direct in the order that the payments of alimony
  386  be made through the appropriate depository as provided in s.
  387  61.181.
  388         (b) With respect to any order requiring the payment of
  389  alimony entered before January 1, 1985, upon the subsequent
  390  appearance, on or after that date, of one or both parties before
  391  the court having jurisdiction for the purpose of modifying or
  392  enforcing the order or in any other proceeding related to the
  393  order, or upon the application of either party, unless the
  394  provisions of paragraph (c) or paragraph (d) applies apply, the
  395  court shall modify the terms of the order as necessary to direct
  396  that payments of alimony be made through the appropriate
  397  depository as provided in s. 61.181.
  398         (c) If there is no minor child, alimony payments need not
  399  be directed through the depository.
  400         (d)1. If there is a minor child of the parties and both
  401  parties so request, the court may order that alimony payments
  402  need not be directed through the depository. In this case, the
  403  order of support must shall provide, or be deemed to provide,
  404  that either party may subsequently apply to the depository to
  405  require that payments be made through the depository. The court
  406  shall provide a copy of the order to the depository.
  407         2. If the provisions of subparagraph 1. applies apply,
  408  either party may subsequently file with the depository an
  409  affidavit alleging default or arrearages in payment and stating
  410  that the party wishes to initiate participation in the
  411  depository program. The party shall provide copies of the
  412  affidavit to the court and the other party or parties. Fifteen
  413  days after receipt of the affidavit, the depository shall notify
  414  all parties that future payments shall be directed to the
  415  depository.
  416         3. In IV-D cases, the IV-D agency has shall have the same
  417  rights as the obligee in requesting that payments be made
  418  through the depository.
  419         Section 3. Section 61.09, Florida Statutes, is amended to
  420  read:
  421         61.09 Alimony and child support unconnected with
  422  dissolution.—If a person having the ability to contribute to the
  423  maintenance of his or her spouse and support of his or her minor
  424  child fails to do so, the spouse who is not receiving support
  425  may apply to the court for alimony and for support for the child
  426  without seeking dissolution of marriage, and the court shall
  427  enter an order as it deems just and proper. Alimony awarded
  428  under this section must be calculated in accordance with s.
  429  61.08.
  430         Section 4. Paragraph (c) of subsection (2) of section
  431  61.13, Florida Statutes, is amended to read:
  432         61.13 Support of children; parenting and time-sharing;
  433  powers of court.—
  434         (2)
  435         (c) The court shall determine all matters relating to
  436  parenting and time-sharing of each minor child of the parties in
  437  accordance with the best interests of the child and in
  438  accordance with the Uniform Child Custody Jurisdiction and
  439  Enforcement Act, except that modification of a parenting plan
  440  and time-sharing schedule requires a showing of a substantial,
  441  material, and unanticipated change of circumstances.
  442         1. It is the public policy of this state that each minor
  443  child has frequent and continuing contact with both parents
  444  after the parents separate or the marriage of the parties is
  445  dissolved and to encourage parents to share the rights and
  446  responsibilities, and joys, of childrearing. There is no
  447  presumption for or against the father or mother of the child or
  448  for or against any specific time-sharing schedule when creating
  449  or modifying the parenting plan of the child. Equal time-sharing
  450  with a minor child by both parents is in the best interest of
  451  the child unless the court finds that:
  452         a. The safety, well-being, or physical, mental, or
  453  emotional health of the child would be endangered by equal time
  454  sharing, that visitation would be presumed detrimental
  455  consistent with s. 39.0139(3), or that supervised visitation is
  456  appropriate, if any is appropriate;
  457         b. Clear and convincing evidence of extenuating
  458  circumstances justify a departure from equal time-sharing and
  459  the court makes written findings justifying the departure from
  460  equal time-sharing;
  461         c. A parent is incarcerated;
  462         d. The distance between parental residences makes equal
  463  time-sharing impracticable;
  464         e. A parent does not request at least 50-percent time
  465  sharing;
  466         f.A permanent injunction has been entered or is warranted
  467  against a parent or household member relating to contact between
  468  the subject of the injunction and the parent or household
  469  member; or
  470         g. Domestic violence, as defined in s. 741.28, has
  471  occurred.
  472         2. The court shall order that the parental responsibility
  473  for a minor child be shared by both parents unless the court
  474  finds that shared parental responsibility would be detrimental
  475  to the child. Evidence that a parent has been convicted of a
  476  misdemeanor of the first degree or higher involving domestic
  477  violence, as defined in s. 741.28 and chapter 775, or meets the
  478  criteria of s. 39.806(1)(d), creates a rebuttable presumption of
  479  detriment to the child. If the presumption is not rebutted after
  480  the convicted parent is advised by the court that the
  481  presumption exists, shared parental responsibility, including
  482  time-sharing with the child, and decisions made regarding the
  483  child, may not be granted to the convicted parent. However, the
  484  convicted parent is not relieved of any obligation to provide
  485  financial support. If the court determines that shared parental
  486  responsibility would be detrimental to the child, it may order
  487  sole parental responsibility and make such arrangements for
  488  time-sharing as specified in the parenting plan as will best
  489  protect the child or abused spouse from further harm. Whether or
  490  not there is a conviction of any offense of domestic violence or
  491  child abuse or the existence of an injunction for protection
  492  against domestic violence, the court shall consider evidence of
  493  domestic violence or child abuse as evidence of detriment to the
  494  child.
  495         a. In ordering shared parental responsibility, the court
  496  may consider the expressed desires of the parents and may grant
  497  to one party the ultimate responsibility over specific aspects
  498  of the child’s welfare or may divide those responsibilities
  499  between the parties based on the best interests of the child.
  500  Areas of responsibility may include education, health care, and
  501  any other responsibilities that the court finds unique to a
  502  particular family.
  503         b. The court shall order sole parental responsibility for a
  504  minor child to one parent, with or without time-sharing with the
  505  other parent if it is in the best interests of the minor child.
  506         3. Access to records and information pertaining to a minor
  507  child, including, but not limited to, medical, dental, and
  508  school records, may not be denied to either parent. Full rights
  509  under this subparagraph apply to either parent unless a court
  510  order specifically revokes these rights, including any
  511  restrictions on these rights as provided in a domestic violence
  512  injunction. A parent having rights under this subparagraph has
  513  the same rights upon request as to form, substance, and manner
  514  of access as are available to the other parent of a child,
  515  including, without limitation, the right to in-person
  516  communication with medical, dental, and education providers.
  517         Section 5. The amendments made by this act to s. 61.13,
  518  Florida Statutes, providing for equal time-sharing, apply
  519  prospectively to initial final custody orders made on or after
  520  July 1, 2019. The amendments do not constitute a substantial
  521  change in circumstances which warrants the modification of a
  522  final custody order entered before July 1, 2019.
  523         Section 6. Subsection (1) of section 61.14, Florida
  524  Statutes, is amended, paragraphs (c) and (d) are added to
  525  subsection (11) of that section, and subsection (12) is added to
  526  that section, to read:
  527         61.14 Enforcement and modification of support, maintenance,
  528  or alimony agreements or orders.—
  529         (1)(a) When the parties enter into an agreement for
  530  payments for, or instead of, support, maintenance, or alimony,
  531  whether in connection with a proceeding for dissolution or
  532  separate maintenance or with any voluntary property settlement,
  533  or when a party is required by court order to make any payments,
  534  and the circumstances or the financial ability of either party
  535  changes or the child who is a beneficiary of an agreement or
  536  court order as described herein reaches majority after the
  537  execution of the agreement or the rendition of the order, either
  538  party may apply to the circuit court of the circuit in which the
  539  parties, or either of them, resided at the date of the execution
  540  of the agreement or reside at the date of the application, or in
  541  which the agreement was executed or in which the order was
  542  rendered, for an order terminating, decreasing, or increasing
  543  the amount of support, maintenance, or alimony, and the court
  544  has jurisdiction to make orders as equity requires, with due
  545  regard to the changed circumstances or the financial ability of
  546  the parties or the child, decreasing, increasing, or confirming
  547  the amount of separate support, maintenance, or alimony provided
  548  for in the agreement or order. A finding that medical insurance
  549  is reasonably available or the child support guidelines schedule
  550  in s. 61.30 may constitute changed circumstances. Except as
  551  otherwise provided in s. 61.30(11)(c), the court may modify an
  552  order of support, maintenance, or alimony by terminating,
  553  increasing, or decreasing the support, maintenance, or alimony
  554  retroactively to the date of the filing of the action or
  555  supplemental action for modification as equity requires, giving
  556  due regard to the changed circumstances or the financial ability
  557  of the parties or the child.
  558         (b)1.If the court has determined that an existing alimony
  559  award as determined by the court at the time of dissolution is
  560  insufficient to meet the needs of the obligee, and that such
  561  need continues to exist, an alimony order must be modified
  562  upward upon a showing by a preponderance of the evidence of
  563  increased ability to pay alimony. Absent a finding of fraud, an
  564  increase in an obligor’s income may not be considered permanent
  565  in nature unless the increase has been maintained without
  566  interruption for at least 1 year, taking into account the
  567  obligor’s ability to sustain his or her income.
  568         2.1.Notwithstanding subparagraph 1., the court shall may
  569  reduce or terminate an award of alimony upon specific written
  570  findings by the court that since the granting of a divorce and
  571  the award of alimony, a supportive relationship has existed
  572  between the obligee and another a person, except upon a showing
  573  by clear and convincing evidence by the obligee that his or her
  574  long-term need for alimony, taking into account the totality of
  575  the circumstances, has not been reduced by the supportive
  576  relationship with whom the obligee resides. On the issue of
  577  whether alimony should be reduced or terminated under this
  578  paragraph, the burden is on the obligor to prove by a
  579  preponderance of the evidence that a supportive relationship
  580  exists.
  581         3.2. In determining whether an existing award of alimony
  582  should be reduced or terminated because of an alleged supportive
  583  relationship between an obligee and a person who is not related
  584  by consanguinity or affinity and with whom the obligee resides,
  585  the court shall elicit the nature and extent of the relationship
  586  in question. The court shall give consideration, without
  587  limitation, to circumstances, including, but not limited to, the
  588  following, in determining the relationship of an obligee to
  589  another person:
  590         a. The extent to which the obligee and the other person
  591  have held themselves out as a married couple by engaging in
  592  conduct such as using the same last name, using a common mailing
  593  address, referring to each other in terms such as “my husband”
  594  or “my wife,” or otherwise conducting themselves in a manner
  595  that evidences a permanent supportive relationship.
  596         b. The period of time that the obligee has resided with the
  597  other person in a permanent place of abode.
  598         c. The extent to which the obligee and the other person
  599  have pooled their assets or income or otherwise exhibited
  600  financial interdependence.
  601         d. The extent to which the obligee or the other person has
  602  supported the other, in whole or in part.
  603         e. The extent to which the obligee or the other person has
  604  performed valuable services for the other.
  605         f. The extent to which the obligee or the other person has
  606  performed valuable services for the other’s company or employer.
  607         g. Whether the obligee and the other person have worked
  608  together to create or enhance anything of value.
  609         h. Whether the obligee and the other person have jointly
  610  contributed to the purchase of any real or personal property.
  611         i. Evidence in support of a claim that the obligee and the
  612  other person have an express agreement regarding property
  613  sharing or support.
  614         j. Evidence in support of a claim that the obligee and the
  615  other person have an implied agreement regarding property
  616  sharing or support.
  617         k. Whether the obligee and the other person have provided
  618  support to the children of one another, regardless of any legal
  619  duty to do so.
  620         4.3. This paragraph does not abrogate the requirement that
  621  every marriage in this state be solemnized under a license, does
  622  not recognize a common law marriage as valid, and does not
  623  recognize a de facto marriage. This paragraph recognizes only
  624  that relationships do exist that provide economic support
  625  equivalent to a marriage and that alimony terminable on
  626  remarriage may be reduced or terminated upon the establishment
  627  of equivalent equitable circumstances as described in this
  628  paragraph. The existence of a conjugal relationship, though it
  629  may be relevant to the nature and extent of the relationship, is
  630  not necessary for the application of the provisions of this
  631  paragraph.
  632         5.There is a rebuttable presumption that any modification
  633  or termination of an alimony award is retroactive to the date of
  634  the filing of the petition. In an action under this section, if
  635  it is determined that the obligee or obligor unnecessarily or
  636  unreasonably litigated the underlying petition for modification
  637  or termination, the court may award the other party his or her
  638  reasonable attorney fees and costs pursuant to s. 61.16 and
  639  applicable case law.
  640         (c) For each support order reviewed by the department as
  641  required by s. 409.2564(11), if the amount of the child support
  642  award under the order differs by at least 10 percent but not
  643  less than $25 from the amount that would be awarded under s.
  644  61.30, the department shall seek to have the order modified and
  645  any modification shall be made without a requirement for proof
  646  or showing of a change in circumstances.
  647         (d) The department may shall have authority to adopt rules
  648  to administer implement this section.
  649         (11)
  650         (c)If the court orders alimony payable concurrent with a
  651  child support order, the alimony award may not be modified
  652  solely because of a later reduction or termination of child
  653  support payments, unless the court finds the obligor has the
  654  ability to pay the modified alimony award, the existing alimony
  655  award as determined by the court at the time of dissolution is
  656  insufficient to meet the needs of the obligee, and such need
  657  continues to exist.
  658         (d)An obligor’s subsequent remarriage or cohabitation does
  659  not constitute a basis for a modification of alimony. The income
  660  and assets of the obligor’s subsequent spouse or person with
  661  whom the obligor resides is not relevant in a modification
  662  action except under exceptional circumstances.
  663         (12)The fact that an obligor has reached a reasonable
  664  retirement age for his or her profession, has retired, and has
  665  no intent to return to work shall be considered a substantial
  666  change in circumstances as a matter of law. In determining
  667  whether the obligor’s retirement age is reasonable, the court
  668  shall consider the obligor’s:
  669         (a)Age;
  670         (b)Health;
  671         (c)Motivation for retirement;
  672         (d)Type of work; and
  673         (e)Normal retirement age for that type of work.
  674  
  675  In anticipation of retirement, the obligor may file a petition
  676  for termination or modification of the alimony award effective
  677  upon the retirement date. The court shall terminate or modify
  678  the alimony award based on the circumstances of the parties
  679  after retirement of the obligor and based on the factors in s.
  680  61.08(3), unless the court makes findings of fact that a
  681  termination or modification of an alimony award is not
  682  warranted.
  683         Section 7. Section 61.19, Florida Statutes, is amended to
  684  read:
  685         61.19 Entry of judgment of dissolution of marriage;, delay
  686  period; separate adjudication of issues.—
  687         (1)A No final judgment of dissolution of marriage may not
  688  be entered until at least 20 days have elapsed from the date of
  689  filing the original petition for dissolution of marriage,; but
  690  the court, on a showing that injustice would result from this
  691  delay, may enter a final judgment of dissolution of marriage at
  692  an earlier date.
  693         (2)(a)During the first 180 days after the date of service
  694  of the original petition for dissolution of marriage, the court
  695  may not grant a final dissolution of marriage with a reservation
  696  of jurisdiction to subsequently determine all other substantive
  697  issues unless the court makes written findings that there are
  698  exceptional circumstances that make the use of this process
  699  clearly necessary to protect the parties or their children and
  700  that granting a final dissolution will not cause irreparable
  701  harm to either party or the children. Before granting a final
  702  dissolution of marriage with a reservation of jurisdiction to
  703  subsequently determine all other substantive issues, the court
  704  shall enter temporary orders necessary to protect the parties
  705  and their children, which orders remain effective until all
  706  other issues can be adjudicated by the court. The desire of one
  707  party to remarry does not justify the use of this process.
  708         (b)If more than 180 days have elapsed after the date of
  709  service of the original petition for dissolution of marriage,
  710  the court may grant a final dissolution of marriage with a
  711  reservation of jurisdiction to subsequently determine all other
  712  substantive issues only if the court enters temporary orders
  713  necessary to protect the parties and their children, which
  714  orders remain effective until such time as all other issues can
  715  be adjudicated by the court, and makes a written finding that no
  716  irreparable harm will result from granting a final dissolution.
  717         (c)If more than 365 days have elapsed after the date of
  718  service of the original petition for dissolution of marriage,
  719  absent a showing by either party that irreparable harm will
  720  result from granting a final dissolution, the court shall, upon
  721  request of either party, immediately grant a final dissolution
  722  of marriage with a reservation of jurisdiction to subsequently
  723  determine all other substantive issues. Before granting a final
  724  dissolution of marriage with a reservation of jurisdiction to
  725  subsequently determine all other substantive issues, the court
  726  shall enter temporary orders necessary to protect the parties
  727  and their children, which orders remain effective until all
  728  other issues can be adjudicated by the court.
  729         (d)The temporary orders necessary to protect the parties
  730  and their children entered before granting a dissolution of
  731  marriage without an adjudication of all substantive issues may
  732  include, but are not limited to, temporary orders that:
  733         1.Restrict the sale or disposition of property.
  734         2.Protect and preserve the marital assets.
  735         3.Establish temporary support.
  736         4.Provide for maintenance of health insurance.
  737         5.Provide for maintenance of life insurance.
  738         (e)The court is not required to enter temporary orders to
  739  protect the parties and their children if the court enters a
  740  final judgment of dissolution of marriage that adjudicates
  741  substantially all of the substantive issues between the parties
  742  but reserves jurisdiction to address ancillary issues such as
  743  the entry of a qualified domestic relations order or the
  744  adjudication of attorney fees and costs.
  745         Section 8. (1)(a)The amendments to chapter 61, Florida
  746  Statutes, made by this act apply to:
  747         1.Final judgments of alimony awards entered before July 1,
  748  2019.
  749         2.Final orders entered before July 1, 2019, which
  750  incorporate an agreement between the parties for alimony, if the
  751  duration of the marriage was equal to or less than 15 years and
  752  the duration of the alimony agreement exceeds the duration of
  753  the marriage.
  754         (b)For such judgments or orders, the amendments to chapter
  755  61, Florida Statutes, shall constitute a substantial change in
  756  circumstances for which an obligor may seek, in accordance with
  757  s. 61.14, Florida Statutes, a modification of the amount or
  758  duration of alimony, except for an order incorporating an
  759  agreement that is expressly nonmodifiable.
  760         (2)(a)For final orders entered before July 1, 2019, that
  761  incorporate an agreement between the parties for alimony, but
  762  otherwise do not meet the criteria set forth in subparagraph
  763  (1)(a)2., the amendments to chapter 61, Florida Statutes, made
  764  by this act shall apply if the obligor proves, by clear and
  765  convincing evidence, that:
  766         1.The obligor did not execute the agreement voluntarily;
  767         2.The agreement was the product of fraud, duress,
  768  coercion, or overreaching; or
  769         3.The agreement was unconscionable when it was executed,
  770  and, before execution of the agreement, the obligor:
  771         a.Was not provided a fair and reasonable disclosure of the
  772  property or financial obligations of the other party.
  773         b.Did not voluntarily and expressly waive, in writing, any
  774  right to disclosure of the property or financial obligations of
  775  the other party beyond disclosure provided.
  776         c.Did not have or reasonably could not have had an
  777  adequate knowledge of the property or financial obligations of
  778  the other party.
  779         (b) For such orders, the amendments to chapter 61, Florida
  780  Statutes, shall constitute a substantial change in circumstances
  781  for which an obligor may seek, in accordance with s. 61.14,
  782  Florida Statutes, a modification of the amount or duration of
  783  alimony, except for an order incorporating an agreement that is
  784  expressly nonmodifiable.
  785         (3) Final judgments and orders for which the amendments to
  786  chapter 61, Florida Statutes, shall constitute a substantial
  787  change in circumstances under subsections (1) and (2) may be the
  788  subject of a modification action according to the following
  789  schedule:
  790         (a) An obligor who is subject to alimony of 15 years or
  791  more may file a modification action on or after July 1, 2019.
  792         (b) An obligor who is subject to alimony of 8 years or
  793  more, but less than 15 years, may file a modification action on
  794  or after July 1, 2020.
  795         (c) An obligor who is subject to alimony of less than 8
  796  years may file a modification action on or after July 1, 2021.
  797         Section 9. This act shall take effect July 1, 2019.