Florida Senate - 2020                                    SB 1832
       
       
        
       By Senator Stargel
       
       
       
       
       
       22-01619A-20                                          20201832__
    1                        A bill to be entitled                      
    2         An act relating to dissolution of marriage; amending
    3         s. 61.08, F.S.; defining the terms “alimony” and “net
    4         income”; requiring the court to prioritize certain
    5         forms of alimony; deleting a provision authorizing the
    6         court to consider the adultery of either spouse in
    7         determining the amount of alimony; requiring the court
    8         to make certain written findings in its awards of
    9         alimony; providing that the party seeking alimony has
   10         the burden of proving certain elements; revising
   11         factors that the court must consider in determining
   12         the proper type and amount of alimony; revising
   13         provisions relating to the protection of awards of
   14         alimony; authorizing a party to whom the court has
   15         awarded alimony to purchase or maintain a life
   16         insurance policy on the obligor’s life to protect an
   17         award of alimony; requiring the obligor to cooperate
   18         in the process for securing such insurance; deleting
   19         certain rebuttable presumptions related to the
   20         duration of a marriage for purposes of determining
   21         alimony; prohibiting an award of rehabilitative
   22         alimony from exceeding specified timeframes; revising
   23         a provision authorizing the modification of
   24         rehabilitative alimony upon completion of the
   25         rehabilitative plan to include a certain timeframe;
   26         revising provisions related to durational alimony;
   27         requiring, rather than authorizing, the court to
   28         modify or terminate an award of durational alimony
   29         based upon a substantial change in circumstances or
   30         upon certain findings; prohibiting the length of an
   31         award of durational alimony from exceeding a specified
   32         timeframe; specifying what constitutes the length of a
   33         marriage for the purpose of determining durational
   34         alimony; requiring the court to make certain written
   35         findings when awarding durational alimony; providing a
   36         formula for the calculation of durational alimony;
   37         providing that a party who has reached retirement age
   38         in accordance with specified provisions may not be
   39         ordered to pay alimony; deleting provisions
   40         authorizing a court to award permanent alimony;
   41         establishing that alimony may not be awarded to a
   42         party who has a certain monthly net income;
   43         prohibiting social security retirement benefits from
   44         being imputed to the obligor; requiring an obligee to
   45         meet certain requirements if he or she alleges that a
   46         physical disability has impaired his or her ability to
   47         earn the imputed income; requiring certain payments
   48         made to the obligee to be credited to the obligor for
   49         calculating certain durational limitations; amending
   50         s. 61.13, F.S.; deleting a provision related to
   51         development of a parenting plan; amending s. 61.14,
   52         F.S.; deleting a provision authorizing a party to
   53         apply for an order to modify the amount of support,
   54         maintenance, or alimony under certain circumstances;
   55         requiring, rather than authorizing, the court to
   56         reduce or terminate an award if the court finds that a
   57         supportive relationship has existed between the
   58         obligee and another person during a certain timeframe;
   59         providing that any modification or termination of an
   60         alimony award is effective as of a certain date or
   61         retroactive to the date of the filing of the petition;
   62         authorizing the court to grant reasonable attorney
   63         fees to a party if it makes certain findings;
   64         providing that if the court orders alimony concurrent
   65         with a child support order, the alimony award may not
   66         be modified because of the later modification or
   67         termination of child support payments; providing that
   68         an obligor’s subsequent remarriage or cohabitation is
   69         not a basis for modification of alimony; providing
   70         that the income and assets of the obligor’s subsequent
   71         spouse are irrelevant to an action for modification of
   72         alimony; requiring an alimony obligation to terminate
   73         upon the obligor reaching full retirement age or when
   74         the obligor retires at a reasonable age; requiring the
   75         court to consider certain factors in determining
   76         whether the obligor’s retirement age is reasonable;
   77         authorizing the obligor to prospectively file a
   78         petition for termination of alimony effective upon his
   79         or her retirement; requiring a court to terminate an
   80         alimony award upon retirement of the obligor unless
   81         the court finds that the obligor’s retirement age is
   82         not reasonable; requiring alimony obligations to be
   83         reduced by the amount of certain benefits that the
   84         obligee is entitled to receive; providing that certain
   85         benefits of the obligor are exempt from garnishment
   86         for alimony enforcement; amending s. 61.19, F.S.;
   87         requiring the court to grant a final dissolution of
   88         marriage and reserve jurisdiction to adjudicate other
   89         substantive issues, under certain circumstances;
   90         providing for temporary orders necessary to protect
   91         the parties and their children, if any; providing that
   92         such temporary orders are effective until all other
   93         issues are adjudicated by the court; creating a
   94         presumption that equal parental time-sharing is in the
   95         best interests of a minor child, with an exception;
   96         providing an effective date.
   97          
   98  Be It Enacted by the Legislature of the State of Florida:
   99  
  100         Section 1. Section 61.08, Florida Statutes, is amended to
  101  read:
  102         61.08 Alimony.—
  103         (1)As used in this section, the term:
  104         (a)“Alimony” means a payment, regardless of whether it is
  105  court-ordered, of support by one spouse to the other spouse
  106  after the filing of a petition for dissolution of marriage.
  107         (b)“Net income” means net income as determined in
  108  accordance with s. 61.30.
  109         (2)(a)(1) In a proceeding for dissolution of marriage, the
  110  court may grant alimony to either party in the form of, which
  111  alimony may be bridge-the-gap, rehabilitative, or durational
  112  alimony, or a permanent in nature or any combination of these
  113  forms of alimony, but shall prioritize an award of bridge-the
  114  gap alimony, followed by rehabilitative alimony, over any other
  115  form of alimony. In an any award of alimony, the court may order
  116  periodic payments, or payments in lump sum, or both.
  117         (b)The court shall make written findings regarding the
  118  basis for awarding a combination of forms of alimony, including
  119  the type of alimony and the length of time for which the alimony
  120  is awarded. The court may award only a combination of forms of
  121  alimony to provide greater economic assistance in order to allow
  122  the recipient to achieve rehabilitation.
  123         (c)The court may consider the adultery of either spouse
  124  and the circumstances thereof in determining the amount of
  125  alimony, if any, to be awarded. In all dissolution actions, the
  126  court shall include written findings of fact relative to the
  127  factors provided enumerated in subsection (3)(2) supporting an
  128  award or denial of alimony.
  129         (3)(2)The party seeking alimony has the burden of proof of
  130  demonstrating a need for alimony and that the other party has
  131  the ability to pay alimony. In determining whether to award
  132  alimony or maintenance, the court shall first make, in writing,
  133  a specific factual determination as to whether the other either
  134  party has an actual need for alimony or maintenance and whether
  135  the other either party has the ability to pay alimony or
  136  maintenance. If the court finds that the a party seeking alimony
  137  has met its burden of proof in demonstrating a need for alimony
  138  or maintenance and that the other party has the ability to pay
  139  alimony or maintenance, then in determining the proper type and
  140  amount of alimony or maintenance under subsections (5)-(7) (5)
  141  (8), the court shall consider all relevant factors, including,
  142  but not limited to:
  143         (a)The standard of living established during the marriage.
  144         (a)(b) The duration of the marriage.
  145         (b)(c) The age and the physical and emotional condition of
  146  each party.
  147         (c)(d) The financial resources of each party, including the
  148  portion of nonmarital assets that were relied upon by the
  149  parties during the marriage and the marital assets and
  150  liabilities distributed to each party.
  151         (d)(e) The earning capacities, educational levels,
  152  vocational skills, and employability of the parties and, when
  153  applicable, the time necessary for either party to acquire
  154  sufficient education or training to enable such party to find
  155  appropriate employment.
  156         (e)(f) The contribution of each party to the marriage,
  157  including, but not limited to, services rendered in homemaking,
  158  child care, education, and career building of the other party.
  159         (f)(g) The responsibilities each party will have with
  160  regard to any minor children that the parties they have in
  161  common.
  162         (g)(h) The tax treatment and consequences to both parties
  163  of an any alimony award, including the designation of all or a
  164  portion of the payment as a nontaxable, nondeductible payment.
  165         (h)(i) All sources of income available to either party,
  166  including income available to either party through investments
  167  of any asset held by that party that were acquired during the
  168  marriage or acquired outside of the marriage and relied upon
  169  during the marriage.
  170         (i)The needs and necessities of life for each party after
  171  dissolution of marriage taking into consideration that both
  172  parties will have a lower standard of living after the
  173  dissolution of marriage than the standard of living they enjoyed
  174  during the marriage. This presumption may be overcome by a
  175  preponderance of the evidence.
  176         (j) Any other factor necessary to do equity and justice
  177  between the parties if such factor is specifically identified in
  178  the award with findings of fact justifying the application of
  179  such factor.
  180         (4)(3) To the extent necessary to protect an award of
  181  alimony, the obligee may court may order any party who is
  182  ordered to pay alimony to purchase or maintain a life insurance
  183  policy on the obligor’s life in an amount adequate to or a bond,
  184  or to otherwise secure such alimony award with any other assets
  185  which may be suitable for that purpose. If the obligee purchases
  186  a life insurance policy, the obligor shall cooperate in the
  187  process of procuring the issuance and underwriting of such life
  188  insurance policy.
  189         (4)For purposes of determining alimony, there is a
  190  rebuttable presumption that a short-term marriage is a marriage
  191  having a duration of less than 7 years, a moderate-term marriage
  192  is a marriage having a duration of greater than 7 years but less
  193  than 17 years, and long-term marriage is a marriage having a
  194  duration of 17 years or greater. The length of a marriage is the
  195  period of time from the date of marriage until the date of
  196  filing of an action for dissolution of marriage.
  197         (5) Bridge-the-gap alimony may be awarded to assist a party
  198  by providing support to allow the party to make a transition
  199  from being married to being single. Bridge-the-gap alimony is
  200  designed to assist a party with legitimate identifiable short
  201  term needs, and the length of an award of bridge-the-gap alimony
  202  may not exceed 2 years. An award of bridge-the-gap alimony
  203  terminates upon the death of either party or upon the remarriage
  204  of the party receiving alimony. An award of bridge-the-gap
  205  alimony is shall not be modifiable in amount or duration.
  206         (6)(a) Rehabilitative alimony may be awarded to assist a
  207  party in establishing the capacity for self-support through
  208  either:
  209         1. The redevelopment of previous skills or credentials; or
  210         2. The acquisition of education, training, or work
  211  experience necessary to develop appropriate employment skills or
  212  credentials.
  213         (b) In order to award rehabilitative alimony, there must be
  214  a specific and defined rehabilitative plan which shall be
  215  included as a part of any order awarding rehabilitative alimony.
  216         (c) The length of an award of rehabilitative alimony may
  217  not exceed 5 years or the limitations for durational alimony as
  218  provided in subsection (7), whichever period of time is shorter.
  219         (d) An award of rehabilitative alimony may be modified or
  220  terminated in accordance with s. 61.14 based upon a substantial
  221  change in circumstances, upon noncompliance with the
  222  rehabilitative plan, or upon completion of the rehabilitative
  223  plan if the plan is completed before the length of the award of
  224  rehabilitative alimony expires.
  225         (7)(a) Durational alimony may be awarded when permanent
  226  periodic alimony is inappropriate. The purpose of durational
  227  alimony is to provide a party with economic assistance for a set
  228  period of time following a marriage of short or moderate
  229  duration or following a marriage of long duration if there is no
  230  ongoing need for support on a permanent basis. An award of
  231  durational alimony terminates upon the death of either party or
  232  upon the remarriage of the party receiving alimony. The amount
  233  of an award of durational alimony shall may be modified or
  234  terminated based upon a substantial change in circumstances or
  235  upon a finding that a supportive relationship exists or existed
  236  between the obligee and another person in accordance with s.
  237  61.14. However, The length of an award of durational alimony may
  238  not be modified except under exceptional circumstances and may
  239  not exceed 50 percent of the length of the marriage. For
  240  purposes of this subsection, the length of a marriage is the
  241  period of time beginning on the date of marriage and ending on
  242  the date an action for dissolution of marriage is filed.
  243         (b)When awarding durational alimony, the court must make
  244  written findings that an award of another type of alimony, or a
  245  combination of the other forms of alimony, is not appropriate.
  246         (c)The amount of durational alimony is the amount
  247  determined to be the obligee’s reasonable need or 25 percent of
  248  the difference between the parties’ net incomes, whichever
  249  amount is less.
  250         (8)A party against whom alimony is sought who has met the
  251  requirements for retirement in accordance with s. 61.14(12)
  252  before the filing of the petition for dissolution of marriage
  253  may not be ordered to pay alimony.
  254         (9)(a)Notwithstanding any other provision of law, alimony
  255  may not be awarded to a party who has a monthly net income that
  256  is equal to or more than the other party’s monthly net income.
  257         (b)Social security retirement benefits may not be imputed
  258  to the obligor as demonstrated by a social security retirement
  259  benefits entitlement letter.
  260         (c)If the obligee alleges that a physical disability has
  261  impaired his or her capability to earn the income imputed by the
  262  court, the obligee must have qualified for benefits under the
  263  Social Security Administration Disability Insurance Program or,
  264  in the event the obligee is not eligible for the program, must
  265  demonstrate that his or her disability meets the disability
  266  qualification standards of the Social Security Administration
  267  Disability Insurance Program.
  268         (8)Permanent alimony may be awarded to provide for the
  269  needs and necessities of life as they were established during
  270  the marriage of the parties for a party who lacks the financial
  271  ability to meet his or her needs and necessities of life
  272  following a dissolution of marriage. Permanent alimony may be
  273  awarded following a marriage of long duration if such an award
  274  is appropriate upon consideration of the factors set forth in
  275  subsection (2), following a marriage of moderate duration if
  276  such an award is appropriate based upon clear and convincing
  277  evidence after consideration of the factors set forth in
  278  subsection (2), or following a marriage of short duration if
  279  there are written findings of exceptional circumstances. In
  280  awarding permanent alimony, the court shall include a finding
  281  that no other form of alimony is fair and reasonable under the
  282  circumstances of the parties. An award of permanent alimony
  283  terminates upon the death of either party or upon the remarriage
  284  of the party receiving alimony. An award may be modified or
  285  terminated based upon a substantial change in circumstances or
  286  upon the existence of a supportive relationship in accordance
  287  with s. 61.14.
  288         (9)The award of alimony may not leave the payor with
  289  significantly less net income than the net income of the
  290  recipient unless there are written findings of exceptional
  291  circumstances.
  292         (10)(a) With respect to any order requiring the payment of
  293  alimony entered on or after January 1, 1985, unless the
  294  provisions of paragraph (c) or paragraph (d) applies apply, the
  295  court shall direct in the order that the payments of alimony be
  296  made through the appropriate depository as provided in s.
  297  61.181.
  298         (b) With respect to any order requiring the payment of
  299  alimony entered before January 1, 1985, upon the subsequent
  300  appearance, on or after that date, of one or both parties before
  301  the court having jurisdiction for the purpose of modifying or
  302  enforcing the order or in any other proceeding related to the
  303  order, or upon the application of either party, unless the
  304  provisions of paragraph (c) or paragraph (d) applies apply, the
  305  court shall modify the terms of the order as necessary to direct
  306  that payments of alimony be made through the appropriate
  307  depository as provided in s. 61.181.
  308         (c) If there is no minor child, alimony payments need not
  309  be directed through the depository.
  310         (d)1. If there is a minor child of the parties and both
  311  parties so request, the court may order that alimony payments
  312  need not be directed through the depository. In this case, the
  313  order of support must shall provide, or be deemed to provide,
  314  that either party may subsequently apply to the depository to
  315  require that payments be made through the depository. The court
  316  shall provide a copy of the order to the depository.
  317         2. If the provisions of subparagraph 1. applies apply,
  318  either party may subsequently file with the depository an
  319  affidavit alleging default or arrearages in payment and stating
  320  that the party wishes to initiate participation in the
  321  depository program. The party shall provide copies of the
  322  affidavit to the court and the other party or parties. Fifteen
  323  days after receipt of the affidavit, the depository shall notify
  324  all parties that future payments shall be directed to the
  325  depository.
  326         3. In IV-D cases, the IV-D agency has shall have the same
  327  rights as the obligee in requesting that payments be made
  328  through the depository.
  329         (11)All support payments made to the obligee after the
  330  date of filing of a petition for dissolution of marriage, either
  331  voluntarily or pursuant to a court order, are credited to the
  332  obligor for purposes of calculating the durational limitations
  333  of alimony.
  334         Section 2. Paragraph (c) of subsection (2) of section
  335  61.13, Florida Statutes, is amended to read:
  336         61.13 Support of children; parenting and time-sharing;
  337  powers of court.—
  338         (2)
  339         (c) The court shall determine all matters relating to
  340  parenting and time-sharing of each minor child of the parties in
  341  accordance with the best interests of the child and in
  342  accordance with the Uniform Child Custody Jurisdiction and
  343  Enforcement Act, except that modification of a parenting plan
  344  and time-sharing schedule requires a showing of a substantial,
  345  material, and unanticipated change of circumstances.
  346         1. It is the public policy of this state that each minor
  347  child has frequent and continuing contact with both parents
  348  after the parents separate or the marriage of the parties is
  349  dissolved and to encourage parents to share the rights and
  350  responsibilities, and joys, of childrearing. There is no
  351  presumption for or against the father or mother of the child or
  352  for or against any specific time-sharing schedule when creating
  353  or modifying the parenting plan of the child.
  354         2. The court shall order that the parental responsibility
  355  for a minor child be shared by both parents unless the court
  356  finds that shared parental responsibility would be detrimental
  357  to the child. Evidence that a parent has been convicted of a
  358  misdemeanor of the first degree or higher involving domestic
  359  violence, as defined in s. 741.28 and chapter 775, or meets the
  360  criteria of s. 39.806(1)(d), creates a rebuttable presumption of
  361  detriment to the child. If the presumption is not rebutted after
  362  the convicted parent is advised by the court that the
  363  presumption exists, shared parental responsibility, including
  364  time-sharing with the child, and decisions made regarding the
  365  child, may not be granted to the convicted parent. However, the
  366  convicted parent is not relieved of any obligation to provide
  367  financial support. If the court determines that shared parental
  368  responsibility would be detrimental to the child, it may order
  369  sole parental responsibility and make such arrangements for
  370  time-sharing as specified in the parenting plan as will best
  371  protect the child or abused spouse from further harm. Regardless
  372  of whether or not there is a conviction of any offense of
  373  domestic violence or child abuse or the existence of an
  374  injunction for protection against domestic violence, the court
  375  shall consider evidence of domestic violence or child abuse as
  376  evidence of detriment to the child.
  377         a. In ordering shared parental responsibility, the court
  378  may consider the expressed desires of the parents and may grant
  379  to one party the ultimate responsibility over specific aspects
  380  of the child’s welfare or may divide those responsibilities
  381  between the parties based on the best interests of the child.
  382  Areas of responsibility may include education, health care, and
  383  any other responsibilities that the court finds unique to a
  384  particular family.
  385         b. The court shall order sole parental responsibility for a
  386  minor child to one parent, with or without time-sharing with the
  387  other parent if it is in the best interests of the minor child.
  388         3. Access to records and information pertaining to a minor
  389  child, including, but not limited to, medical, dental, and
  390  school records, may not be denied to either parent. Full rights
  391  under this subparagraph apply to either parent unless a court
  392  order specifically revokes these rights, including any
  393  restrictions on these rights as provided in a domestic violence
  394  injunction. A parent having rights under this subparagraph has
  395  the same rights upon request as to form, substance, and manner
  396  of access as are available to the other parent of a child,
  397  including, without limitation, the right to in-person
  398  communication with medical, dental, and education providers.
  399         Section 3. Subsection (1) of section 61.14, Florida
  400  Statutes, is amended, paragraphs (c) and (d) are added to
  401  subsection (11), and subsections (12) and (13) are added to that
  402  section, to read:
  403         61.14 Enforcement and modification of support, maintenance,
  404  or alimony agreements or orders.—
  405         (1)(a) When the parties enter into an agreement for
  406  payments for, or instead of, support, maintenance, or alimony,
  407  whether in connection with a proceeding for dissolution or
  408  separate maintenance or with any voluntary property settlement,
  409  or when a party is required by court order to make any payments,
  410  and the circumstances or the financial ability of either party
  411  changes or the child who is a beneficiary of an agreement or
  412  court order as described herein reaches majority after the
  413  execution of the agreement or the rendition of the order, either
  414  party may apply to the circuit court of the circuit in which the
  415  parties, or either of them, resided at the date of the execution
  416  of the agreement or reside at the date of the application, or in
  417  which the agreement was executed or in which the order was
  418  rendered, for an order decreasing or increasing the amount of
  419  support, maintenance, or alimony, and the court has jurisdiction
  420  to make orders as equity requires, with due regard to the
  421  changed circumstances or the financial ability of the parties or
  422  the child, decreasing, increasing, or confirming the amount of
  423  separate support, maintenance, or alimony provided for in the
  424  agreement or order. A finding that medical insurance is
  425  reasonably available or the child support guidelines schedule in
  426  s. 61.30 may constitute changed circumstances. Except as
  427  otherwise provided in s. 61.30(11)(c), the court may modify an
  428  order of support, maintenance, or alimony by increasing or
  429  decreasing the support, maintenance, or alimony retroactively to
  430  the date of the filing of the action or supplemental action for
  431  modification as equity requires, giving due regard to the
  432  changed circumstances or the financial ability of the parties or
  433  the child.
  434         (b)1. The court shall may reduce or terminate an award of
  435  alimony upon specific written findings by the court that since
  436  the granting of a divorce and the award of alimony, a supportive
  437  relationship exists or has existed between the obligee and
  438  another a person at any time during the 180 days before the
  439  filing of a petition for modification of alimony with whom the
  440  obligee resides. On the issue of whether alimony should be
  441  reduced or terminated under this paragraph, the burden is on the
  442  obligor to prove by a preponderance of the evidence that a
  443  supportive relationship exists or existed.
  444         2. In determining whether an existing award of alimony
  445  should be reduced or terminated because of an alleged supportive
  446  relationship between an obligee and a person who is not related
  447  by consanguinity or affinity and with whom the obligee resides,
  448  the court shall elicit the nature and extent of the relationship
  449  in question. The court shall give consideration, without
  450  limitation, to circumstances, including, but not limited to, the
  451  following, in determining the relationship of an obligee to
  452  another person:
  453         a. The extent to which the obligee and the other person
  454  have held themselves out as a married couple by engaging in
  455  conduct such as using the same last name, using a common mailing
  456  address, referring to each other in terms such as “my husband”
  457  or “my wife,” or otherwise conducting themselves in a manner
  458  that evidences a permanent supportive relationship.
  459         b. The period of time that the obligee has resided with the
  460  other person in a permanent place of abode.
  461         c. The extent to which the obligee and the other person
  462  have pooled their assets or income or otherwise exhibited
  463  financial interdependence.
  464         d. The extent to which the obligee or the other person has
  465  supported the other, in whole or in part.
  466         e. The extent to which the obligee or the other person has
  467  performed valuable services for the other.
  468         f. The extent to which the obligee or the other person has
  469  performed valuable services for the other’s company or employer.
  470         g. Whether the obligee and the other person have worked
  471  together to create or enhance anything of value.
  472         h. Whether the obligee and the other person have jointly
  473  contributed to the purchase of any real or personal property.
  474         i. Evidence in support of a claim that the obligee and the
  475  other person have an express agreement regarding property
  476  sharing or support.
  477         j. Evidence in support of a claim that the obligee and the
  478  other person have an implied agreement regarding property
  479  sharing or support.
  480         k. Whether the obligee and the other person have provided
  481  support to the children of one another, regardless of any legal
  482  duty to do so.
  483         3. This paragraph does not abrogate the requirement that
  484  every marriage in this state be solemnized under a license, does
  485  not recognize a common law marriage as valid, and does not
  486  recognize a de facto marriage. This paragraph recognizes only
  487  that relationships do exist that provide economic support
  488  equivalent to a marriage and that alimony terminable on
  489  remarriage may be reduced or terminated upon the establishment
  490  of equivalent equitable circumstances as described in this
  491  paragraph. The existence of a conjugal relationship, though it
  492  may be relevant to the nature and extent of the relationship, is
  493  not necessary for the application of the provisions of this
  494  paragraph.
  495         4.Any modification or termination of an alimony award is
  496  effective as of July 1, 2020, or retroactive to the date of the
  497  filing of the petition. In an action under this section, if it
  498  is determined that the obligee or obligor unnecessarily or
  499  unreasonably litigated the underlying petition for modification
  500  or termination, including litigation over the date of
  501  termination of the alimony, the court may award the other party
  502  his or her reasonable attorney fees and costs under s. 61.16.
  503         (b)(c) For each support order reviewed by the department as
  504  required by s. 409.2564(11), if the amount of the child support
  505  award under the order differs by at least 10 percent but not
  506  less than $25 from the amount that would be awarded under s.
  507  61.30, the department shall seek to have the order modified and
  508  any modification shall be made without a requirement for proof
  509  or showing of a change in circumstances.
  510         (c)(d) The department may shall have authority to adopt
  511  rules to administer implement this section.
  512         (11)
  513         (c)If the court orders alimony payable concurrent with a
  514  child support order, the alimony award may not be modified
  515  solely because of a later reduction or termination of child
  516  support payments.
  517         (d)An obligor’s subsequent remarriage or cohabitation does
  518  not constitute a basis for a modification of alimony. The income
  519  and assets of the obligor’s subsequent spouse or person with
  520  whom the obligor resides is not relevant in a modification
  521  action.
  522         (12)(a)An alimony award terminates when the obligor
  523  reaches full retirement age as determined by the United States
  524  Social Security Administration or when the obligor retires at an
  525  age that is reasonable for his or her profession or line of
  526  work, whichever is earlier. In determining whether the obligor’s
  527  retirement age is reasonable, the court shall consider the
  528  obligor’s:
  529         1.Age.
  530         2.Health.
  531         3.Motivation for retirement.
  532         4.Type of work.
  533         5.Typical retirement age for that type of work.
  534         (b)In anticipation of retirement, the obligor may file a
  535  petition for termination of the alimony award effective upon his
  536  or her retirement date before the obligor reaches full
  537  retirement age as determined by the United States Social
  538  Security Administration. The court shall terminate the alimony
  539  award after the retirement of the obligor unless the court makes
  540  findings of fact that the obligor’s retirement age is not
  541  reasonable.
  542         (13)(a)An alimony award shall be reduced by the amount of
  543  any social security or disability benefits or retirement
  544  payments that the obligee receives.
  545         (b)The obligor’s social security or disability benefits or
  546  retirement payments are exempt from garnishment for alimony
  547  enforcement.
  548         Section 4. Section 61.19, Florida Statutes, is amended to
  549  read:
  550         61.19 Entry of judgment of dissolution of marriage;, delay
  551  period; separate adjudication of issues.—
  552         (1)A No final judgment of dissolution of marriage may not
  553  be entered until at least 20 days have elapsed from the date of
  554  filing the original petition for dissolution of marriage,; but
  555  the court, on a showing that injustice would result from this
  556  delay, may enter a final judgment of dissolution of marriage at
  557  an earlier date.
  558         (2)(a)If more than 365 days have elapsed after the date of
  559  service of the original petition for dissolution of marriage,
  560  absent a showing by either party that irreparable harm will
  561  result from granting a final dissolution, the court shall, upon
  562  request of either party, grant a final dissolution of marriage
  563  with a reservation of jurisdiction to subsequently determine all
  564  other substantive issues. Before granting a final dissolution of
  565  marriage with a reservation of jurisdiction to subsequently
  566  determine all other substantive issues, the court shall enter
  567  temporary orders necessary to protect the parties and their
  568  children, which orders remain effective until all other issues
  569  can be adjudicated by the court.
  570         (b)Unless otherwise agreed to by the parties, there is a
  571  presumption that equal time-sharing is in the best interests of
  572  the minor children common to both parties.
  573         Section 5. This act shall take effect July 1, 2020.