Florida Senate - 2023                                    SB 1416
       
       
        
       By Senator Gruters
       
       
       
       
       
       22-00190B-23                                          20231416__
    1                        A bill to be entitled                      
    2         An act relating to dissolution of marriage; amending
    3         s. 61.08, F.S.; making technical changes; authorizing
    4         the court to consider the adultery of either spouse
    5         and any resulting economic impact in determining the
    6         amount of alimony awarded; requiring the court to make
    7         certain written findings in its awards of alimony;
    8         authorizing the court to award a combination of forms
    9         of alimony or forms of payment for certain purposes;
   10         providing a burden of proof for the party seeking
   11         support, maintenance, or alimony; requiring the court
   12         to make written findings under certain circumstances;
   13         revising factors that the court must consider in
   14         determining the form or forms of support, maintenance,
   15         or alimony; requiring the court to make specific
   16         findings regarding the purchase or maintenance of a
   17         life insurance policy or a bond to secure alimony;
   18         authorizing the court to apportion costs of such
   19         policies or bonds; modifying certain rebuttable
   20         presumptions related to the duration of a marriage for
   21         purposes of determining alimony; prohibiting the
   22         length of an award of rehabilitative alimony from
   23         exceeding a specified timeframe; revising a provision
   24         authorizing the modification of rehabilitative alimony
   25         upon completion of the rehabilitative plan; revising
   26         provisions related to durational alimony; prohibiting
   27         the length of an award of durational alimony from
   28         exceeding specified timeframes; authorizing the court
   29         to extend durational alimony under certain
   30         circumstances; specifying the calculation of
   31         durational alimony; removing a provision authorizing
   32         the court to award permanent alimony; providing
   33         applicability; amending s. 61.13, F.S.; removing the
   34         unanticipated change of circumstances requirement
   35         regarding modifying a parenting plan and time-sharing
   36         schedule; authorizing the court to consider a certain
   37         relocation of a parent as a substantial and material
   38         change for the purpose of a modification to the time
   39         sharing schedule, subject to a certain determination;
   40         amending s. 61.14, F.S.; requiring the court to reduce
   41         or terminate support, maintenance, or alimony under
   42         certain circumstances; clarifying provisions relating
   43         to supportive relationships; specifying burdens of
   44         proof for the obligor and obligee when the court must
   45         determine that a supportive relationship exists or has
   46         existed and the extent to which an award of support,
   47         maintenance, or alimony should be reduced or
   48         terminated; requiring the court to make certain
   49         written findings; revising the additional factors the
   50         court must consider regarding supportive
   51         relationships; revising construction and application;
   52         authorizing the court to reduce or terminate an award
   53         of support, maintenance, or alimony upon specific
   54         written findings of fact regarding the obligor’s
   55         retirement; providing burdens of proof for the obligor
   56         and obligee; requiring the court to make written
   57         findings regarding specified factors when deciding
   58         whether to reduce or terminate support, maintenance,
   59         or alimony; authorizing the obligor to file a petition
   60         within a certain timeframe to modify or terminate his
   61         or her support, maintenance, or alimony obligation in
   62         anticipation of retirement; requiring the court to
   63         consider certain factors and make certain written
   64         findings; amending s. 741.0306, F.S.; revising the
   65         information contained in a certain family law
   66         handbook; conforming a provision to changes made by
   67         the act; providing an effective date.
   68          
   69  Be It Enacted by the Legislature of the State of Florida:
   70  
   71         Section 1. Section 61.08, Florida Statutes, is amended to
   72  read:
   73         61.08 Alimony.—
   74         (1)(a) In a proceeding for dissolution of marriage, the
   75  court may grant alimony to either party in the form or forms of
   76  temporary, which alimony may be bridge-the-gap, rehabilitative,
   77  or durational alimony, as is equitable or permanent in nature or
   78  any combination of these forms of alimony. In an any award of
   79  alimony, the court may order periodic or lump sum payments or
   80  payments in lump sum or both. The court may consider the
   81  adultery of either spouse and any resulting economic impact in
   82  determining the amount of alimony, if any, to be awarded.
   83         (b)The court shall make written findings of fact regarding
   84  the basis for awarding a form or any combination of forms of
   85  alimony, including the type of alimony and the length of time
   86  for which the alimony is awarded. The court may award a
   87  combination of forms of alimony or forms of payment, including
   88  lump sum payments, to provide greater economic assistance in
   89  order to allow the obligee to achieve self-support The court may
   90  consider the adultery of either spouse and the circumstances
   91  thereof in determining the amount of alimony, if any, to be
   92  awarded. In all dissolution actions, the court shall include
   93  findings of fact relative to the factors enumerated in
   94  subsection (2) supporting an award or denial of alimony.
   95         (2)(a) In determining whether to award support,
   96  maintenance, or alimony or maintenance, the court shall first
   97  make a specific, factual determination as to whether the either
   98  party seeking support, maintenance, or alimony has an actual
   99  need for it alimony or maintenance and whether the other either
  100  party has the ability to pay support, maintenance, or alimony or
  101  maintenance. The party seeking support, maintenance, or alimony
  102  has the burden of proving his or her need for support,
  103  maintenance, or alimony and the other party’s ability to pay
  104  support, maintenance, or alimony.
  105         (b)When determining a support, maintenance, or alimony
  106  claim, the court shall include written findings of fact relative
  107  to the factors provided in subsection (3) supporting an award or
  108  denial of support, maintenance, or alimony, unless the denial is
  109  based upon a failure to establish a need for or ability to pay
  110  support, maintenance, or alimony. However, the court shall make
  111  written findings of fact as to the lack of need or lack of
  112  ability to pay in denying a request for support, maintenance, or
  113  alimony.
  114         (3) If the court finds that the a party seeking support,
  115  maintenance, or alimony has a need for it alimony or maintenance
  116  and that the other party has the ability to pay support,
  117  maintenance, or alimony or maintenance, then in determining the
  118  proper form or forms type and amount of support, maintenance, or
  119  alimony or maintenance under subsections (5)-(8), or a deviation
  120  therefrom, the court shall consider all of the following
  121  relevant factors, including, but not limited to:
  122         (b)(a) The standard of living established during the
  123  marriage and the anticipated needs and necessities of life for
  124  each party after the entry of the final judgment.
  125         (a)(b) The duration of the marriage.
  126         (c) The age, and the physical, mental, and emotional
  127  condition of each party, including whether either party is
  128  physically or mentally disabled and the resulting impact on
  129  either the obligee’s ability to provide for his or her own needs
  130  or the obligor’s ability to pay alimony and whether such
  131  conditions are expected to be temporary or permanent.
  132         (d) The financial resources and income of each party,
  133  including the income generated from both nonmarital and the
  134  marital assets and liabilities distributed to each.
  135         (e) The earning capacities, educational levels, vocational
  136  skills, and employability of the parties, including the ability
  137  of either party to obtain the necessary skills or education to
  138  become self-supporting or to contribute to his or her self
  139  support prior to the termination of the support, maintenance, or
  140  alimony award and, when applicable, the time necessary for
  141  either party to acquire sufficient education or training to
  142  enable such party to find appropriate employment.
  143         (f) The contribution of each party to the marriage,
  144  including, but not limited to, services rendered in homemaking,
  145  child care, education, and career building of the other party.
  146         (g) The responsibilities each party will have with regard
  147  to any minor children whom the parties they have in common, with
  148  special consideration given to the need to care for a child with
  149  a mental or physical disability.
  150         (h) The tax treatment and consequences to both parties of
  151  any alimony award, including the designation of all or a portion
  152  of the payment as a nontaxable, nondeductible payment.
  153         (i)All sources of income available to either party,
  154  including income available to either party through investments
  155  of any asset held by that party.
  156         (j) Any other factor necessary for to do equity and justice
  157  between the parties, which shall be specifically identified in
  158  the written findings of fact. This may include a finding of a
  159  supportive relationship as provided for in s. 61.14(1)(b) or a
  160  reasonable retirement as provided for in s. 61.14(1)(c)1.
  161         (4)(3) To the extent necessary to protect an award of
  162  alimony, the court may order the obligor any party who is
  163  ordered to pay alimony to purchase or maintain a life insurance
  164  policy or a bond, or to otherwise secure such alimony award with
  165  any other assets that which may be suitable for that purpose.
  166  The court must make specific findings that there are special
  167  circumstances that warrant the purchase or maintenance of a life
  168  insurance policy or a bond to secure the alimony award. If the
  169  court orders a party to purchase or maintain a life insurance
  170  policy or a bond, the court may apportion the costs of such
  171  insurance or bond to either or both parties based upon a
  172  determination of the ability of the obligee and obligor to pay
  173  such costs.
  174         (5)(4) For purposes of determining alimony, there is a
  175  rebuttable presumption that a short-term marriage is a marriage
  176  having a duration of less than 10 7 years, a moderate-term
  177  marriage is a marriage having a duration between 10 and 20 of
  178  greater than 7 years but less than 17 years, and a long-term
  179  marriage is a marriage having a duration of 20 17 years or
  180  longer greater. The length of a marriage is the period of time
  181  from the date of marriage until the date of filing of an action
  182  for dissolution of marriage.
  183         (6)(5) Bridge-the-gap alimony may be awarded to provide
  184  support to assist a party in making the by providing support to
  185  allow the party to make a transition from being married to being
  186  single. Bridge-the-gap alimony assists is designed to assist a
  187  party with legitimate identifiable short-term needs., and The
  188  length of an award of bridge-the-gap alimony may not exceed 2
  189  years. An award of bridge-the-gap alimony terminates upon the
  190  death of either party or upon the remarriage of the obligee
  191  party receiving alimony. An award of bridge-the-gap alimony is
  192  shall not be modifiable in amount or duration.
  193         (7)(a)(6)(a) Rehabilitative alimony may be awarded to
  194  assist a party in establishing the capacity for self-support
  195  through either:
  196         1. The redevelopment of previous skills or credentials; or
  197         2. The acquisition of education, training, or work
  198  experience necessary to develop appropriate employment skills or
  199  credentials.
  200         (b) In order to award rehabilitative alimony, there must be
  201  a specific and defined rehabilitative plan which shall be
  202  included as a part of any order awarding rehabilitative alimony.
  203         (c) The length of an award of rehabilitative alimony may
  204  not exceed 5 years.
  205         (d) An award of rehabilitative alimony may be modified or
  206  terminated in accordance with s. 61.14 based upon a substantial
  207  change in circumstances, upon noncompliance with the
  208  rehabilitative plan, or upon completion of the rehabilitative
  209  plan if the plan is completed before the length of the award of
  210  rehabilitative alimony expires.
  211         (8)(a)(7) Durational alimony may be awarded when permanent
  212  periodic alimony is inappropriate. The purpose of durational
  213  alimony is to provide a party with economic assistance for a set
  214  period of time following a marriage of short or moderate
  215  duration or following a marriage of long duration if there is no
  216  ongoing need for support on a permanent basis. An award of
  217  durational alimony terminates upon the death of either party or
  218  upon the remarriage of the obligee party receiving alimony. The
  219  amount of an award of durational alimony may be modified or
  220  terminated based upon a substantial change in circumstances in
  221  accordance with s. 61.14. Durational alimony may not be awarded
  222  following a marriage lasting less than 3 years. However, The
  223  length of an award of durational alimony may not be modified
  224  except under exceptional circumstances and may not exceed the
  225  length of the marriage except as set forth in this subsection.
  226         (b)An award of durational alimony may not exceed 50
  227  percent of the length of a short-term marriage, 60 percent of
  228  the length of a moderate-term marriage, or 75 percent of the
  229  length of a long-term marriage. Under exceptional circumstances,
  230  the court may extend the term of durational alimony by a showing
  231  of clear and convincing evidence that it is necessary after
  232  application of the factors in subsection (3) and upon
  233  consideration of all of the following additional factors:
  234         1.The extent to which the obligee’s age and employability
  235  limit the obligee’s ability for self-support, either in whole or
  236  in part.
  237         2.The extent to which the obligee’s available financial
  238  resources limit the obligee’s ability for self-support, either
  239  in whole or in part.
  240         3.The extent to which the obligee is mentally or
  241  physically disabled or has been diagnosed with a mental or
  242  physical condition that has rendered, or will render, him or her
  243  incapable of self-support, either in whole or in part.
  244         4.The extent to which the obligee is the caregiver to a
  245  mentally or physically disabled child, whether or not the child
  246  has attained the age of majority, who is common to the parties.
  247  Any extension terminates upon the child no longer requiring
  248  caregiving by the obligee, or upon death of the child, unless
  249  one of the other factors in this paragraph apply.
  250         (c)The amount of durational alimony is the amount
  251  determined to be the obligee’s reasonable need, or an amount not
  252  to exceed 35 percent of the difference between the parties’ net
  253  incomes, whichever amount is less. Net income shall be
  254  calculated in conformity with s. 61.30(2) and (3), excluding
  255  spousal support paid pursuant to a court order in the action
  256  between the parties.
  257         (8)Permanent alimony may be awarded to provide for the
  258  needs and necessities of life as they were established during
  259  the marriage of the parties for a party who lacks the financial
  260  ability to meet his or her needs and necessities of life
  261  following a dissolution of marriage. Permanent alimony may be
  262  awarded following a marriage of long duration if such an award
  263  is appropriate upon consideration of the factors set forth in
  264  subsection (2), following a marriage of moderate duration if
  265  such an award is appropriate based upon clear and convincing
  266  evidence after consideration of the factors set forth in
  267  subsection (2), or following a marriage of short duration if
  268  there are written findings of exceptional circumstances. In
  269  awarding permanent alimony, the court shall include a finding
  270  that no other form of alimony is fair and reasonable under the
  271  circumstances of the parties. An award of permanent alimony
  272  terminates upon the death of either party or upon the remarriage
  273  of the party receiving alimony. An award may be modified or
  274  terminated based upon a substantial change in circumstances or
  275  upon the existence of a supportive relationship in accordance
  276  with s. 61.14.
  277         (9) The award of alimony may not leave the payor with
  278  significantly less net income than the net income of the
  279  recipient unless there are written findings of exceptional
  280  circumstances.
  281         (10)(a) With respect to any order requiring the payment of
  282  alimony entered on or after January 1, 1985, unless the
  283  provisions of paragraph (c) or paragraph (d) applies apply, the
  284  court shall direct in the order that the payments of alimony be
  285  made through the appropriate depository as provided in s.
  286  61.181.
  287         (b) With respect to any order requiring the payment of
  288  alimony entered before January 1, 1985, upon the subsequent
  289  appearance, on or after that date, of one or both parties before
  290  the court having jurisdiction for the purpose of modifying or
  291  enforcing the order or in any other proceeding related to the
  292  order, or upon the application of either party, unless the
  293  provisions of paragraph (c) or paragraph (d) applies apply, the
  294  court shall modify the terms of the order as necessary to direct
  295  that payments of alimony be made through the appropriate
  296  depository as provided in s. 61.181.
  297         (c) If there is no minor child, alimony payments need not
  298  be directed through the depository.
  299         (d)1. If there is a minor child of the parties and both
  300  parties so request, the court may order that alimony payments
  301  need not be directed through the depository. In this case, the
  302  order of support must shall provide, or be deemed to provide,
  303  that either party may subsequently apply to the depository to
  304  require that payments be made through the depository. The court
  305  shall provide a copy of the order to the depository.
  306         2. If the provisions of subparagraph 1. applies apply,
  307  either party may subsequently file with the depository an
  308  affidavit alleging default or arrearages in payment and stating
  309  that the party wishes to initiate participation in the
  310  depository program. The party shall provide copies of the
  311  affidavit to the court and the other party or parties. Fifteen
  312  days after receipt of the affidavit, the depository shall notify
  313  all parties that future payments must shall be directed to the
  314  depository.
  315         3. In IV-D cases, the IV-D agency has shall have the same
  316  rights as the obligee in requesting that payments be made
  317  through the depository.
  318         (11)The court shall apply this section to all initial
  319  petitions for dissolution of marriage or support unconnected
  320  with dissolution of marriage pending or filed on or after July
  321  1, 2023.
  322         Section 2. Paragraph (c) of subsection (2) and subsection
  323  (3) of section 61.13, Florida Statutes, are amended to read:
  324         61.13 Support of children; parenting and time-sharing;
  325  powers of court.—
  326         (2)
  327         (c) The court shall determine all matters relating to
  328  parenting and time-sharing of each minor child of the parties in
  329  accordance with the best interests of the child and in
  330  accordance with the Uniform Child Custody Jurisdiction and
  331  Enforcement Act, except that modification of a parenting plan
  332  and time-sharing schedule requires a showing of a substantial
  333  and, material, and unanticipated change of circumstances.
  334         1. It is the public policy of this state that each minor
  335  child has frequent and continuing contact with both parents
  336  after the parents separate or the marriage of the parties is
  337  dissolved and to encourage parents to share the rights and
  338  responsibilities, and joys, of childrearing. Except as otherwise
  339  provided in this paragraph, there is no presumption for or
  340  against the father or mother of the child or for or against any
  341  specific time-sharing schedule when creating or modifying the
  342  parenting plan of the child.
  343         2. The court shall order that the parental responsibility
  344  for a minor child be shared by both parents unless the court
  345  finds that shared parental responsibility would be detrimental
  346  to the child. The following evidence creates a rebuttable
  347  presumption of detriment to the child:
  348         a. A parent has been convicted of a misdemeanor of the
  349  first degree or higher involving domestic violence, as defined
  350  in s. 741.28 and chapter 775;
  351         b. A parent meets the criteria of s. 39.806(1)(d); or
  352         c. A parent has been convicted of or had adjudication
  353  withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and
  354  at the time of the offense:
  355         (I) The parent was 18 years of age or older.
  356         (II) The victim was under 18 years of age or the parent
  357  believed the victim to be under 18 years of age.
  358  
  359  If the presumption is not rebutted after the convicted parent is
  360  advised by the court that the presumption exists, shared
  361  parental responsibility, including time-sharing with the child,
  362  and decisions made regarding the child, may not be granted to
  363  the convicted parent. However, the convicted parent is not
  364  relieved of any obligation to provide financial support. If the
  365  court determines that shared parental responsibility would be
  366  detrimental to the child, it may order sole parental
  367  responsibility and make such arrangements for time-sharing as
  368  specified in the parenting plan as will best protect the child
  369  or abused spouse from further harm. Whether or not there is a
  370  conviction of any offense of domestic violence or child abuse or
  371  the existence of an injunction for protection against domestic
  372  violence, the court shall consider evidence of domestic violence
  373  or child abuse as evidence of detriment to the child.
  374         3. In ordering shared parental responsibility, the court
  375  may consider the expressed desires of the parents and may grant
  376  to one party the ultimate responsibility over specific aspects
  377  of the child’s welfare or may divide those responsibilities
  378  between the parties based on the best interests of the child.
  379  Areas of responsibility may include education, health care, and
  380  any other responsibilities that the court finds unique to a
  381  particular family.
  382         4. The court shall order sole parental responsibility for a
  383  minor child to one parent, with or without time-sharing with the
  384  other parent if it is in the best interests of the minor child.
  385         5. There is a rebuttable presumption against granting time
  386  sharing with a minor child if a parent has been convicted of or
  387  had adjudication withheld for an offense enumerated in s.
  388  943.0435(1)(h)1.a., and at the time of the offense:
  389         a. The parent was 18 years of age or older.
  390         b. The victim was under 18 years of age or the parent
  391  believed the victim to be under 18 years of age.
  392  
  393  A parent may rebut the presumption upon a specific finding in
  394  writing by the court that the parent poses no significant risk
  395  of harm to the child and that time-sharing is in the best
  396  interests of the minor child. If the presumption is rebutted,
  397  the court shall consider all time-sharing factors in subsection
  398  (3) when developing a time-sharing schedule.
  399         6. Access to records and information pertaining to a minor
  400  child, including, but not limited to, medical, dental, and
  401  school records, may not be denied to either parent. Full rights
  402  under this subparagraph apply to either parent unless a court
  403  order specifically revokes these rights, including any
  404  restrictions on these rights as provided in a domestic violence
  405  injunction. A parent having rights under this subparagraph has
  406  the same rights upon request as to form, substance, and manner
  407  of access as are available to the other parent of a child,
  408  including, without limitation, the right to in-person
  409  communication with medical, dental, and education providers.
  410         (3) For purposes of establishing or modifying parental
  411  responsibility and creating, developing, approving, or modifying
  412  a parenting plan, including a time-sharing schedule, which
  413  governs each parent’s relationship with his or her minor child
  414  and the relationship between each parent with regard to his or
  415  her minor child, the best interests interest of the child must
  416  shall be the primary consideration. A determination of parental
  417  responsibility, a parenting plan, or a time-sharing schedule may
  418  not be modified without a showing of a substantial and,
  419  material, and unanticipated change in circumstances and a
  420  determination that the modification is in the best interests of
  421  the child. If the parents of a child are residing greater than
  422  50 miles apart at the time of the entry of the last order
  423  establishing time sharing and a parent moves within 50 miles of
  424  the other parent, then that move may be considered a substantial
  425  and material change in circumstances for the purpose of a
  426  modification to the time-sharing schedule, so long as there is a
  427  determination that the modification is in the best interests of
  428  the child. Determination of the best interests of the child must
  429  shall be made by evaluating all of the factors affecting the
  430  welfare and interests of the particular minor child and the
  431  circumstances of that family, including, but not limited to:
  432         (a) The demonstrated capacity and disposition of each
  433  parent to facilitate and encourage a close and continuing
  434  parent-child relationship, to honor the time-sharing schedule,
  435  and to be reasonable when changes are required.
  436         (b) The anticipated division of parental responsibilities
  437  after the litigation, including the extent to which parental
  438  responsibilities will be delegated to third parties.
  439         (c) The demonstrated capacity and disposition of each
  440  parent to determine, consider, and act upon the needs of the
  441  child as opposed to the needs or desires of the parent.
  442         (d) The length of time the child has lived in a stable,
  443  satisfactory environment and the desirability of maintaining
  444  continuity.
  445         (e) The geographic viability of the parenting plan, with
  446  special attention paid to the needs of school-age children and
  447  the amount of time to be spent traveling to effectuate the
  448  parenting plan. This factor does not create a presumption for or
  449  against relocation of either parent with a child.
  450         (f) The moral fitness of the parents.
  451         (g) The mental and physical health of the parents.
  452         (h) The home, school, and community record of the child.
  453         (i) The reasonable preference of the child, if the court
  454  deems the child to be of sufficient intelligence, understanding,
  455  and experience to express a preference.
  456         (j) The demonstrated knowledge, capacity, and disposition
  457  of each parent to be informed of the circumstances of the minor
  458  child, including, but not limited to, the child’s friends,
  459  teachers, medical care providers, daily activities, and favorite
  460  things.
  461         (k) The demonstrated capacity and disposition of each
  462  parent to provide a consistent routine for the child, such as
  463  discipline, and daily schedules for homework, meals, and
  464  bedtime.
  465         (l) The demonstrated capacity of each parent to communicate
  466  with and keep the other parent informed of issues and activities
  467  regarding the minor child, and the willingness of each parent to
  468  adopt a unified front on all major issues when dealing with the
  469  child.
  470         (m) Evidence of domestic violence, sexual violence, child
  471  abuse, child abandonment, or child neglect, regardless of
  472  whether a prior or pending action relating to those issues has
  473  been brought. If the court accepts evidence of prior or pending
  474  actions regarding domestic violence, sexual violence, child
  475  abuse, child abandonment, or child neglect, the court must
  476  specifically acknowledge in writing that such evidence was
  477  considered when evaluating the best interests of the child.
  478         (n) Evidence that either parent has knowingly provided
  479  false information to the court regarding any prior or pending
  480  action regarding domestic violence, sexual violence, child
  481  abuse, child abandonment, or child neglect.
  482         (o) The particular parenting tasks customarily performed by
  483  each parent and the division of parental responsibilities before
  484  the institution of litigation and during the pending litigation,
  485  including the extent to which parenting responsibilities were
  486  undertaken by third parties.
  487         (p) The demonstrated capacity and disposition of each
  488  parent to participate and be involved in the child’s school and
  489  extracurricular activities.
  490         (q) The demonstrated capacity and disposition of each
  491  parent to maintain an environment for the child which is free
  492  from substance abuse.
  493         (r) The capacity and disposition of each parent to protect
  494  the child from the ongoing litigation as demonstrated by not
  495  discussing the litigation with the child, not sharing documents
  496  or electronic media related to the litigation with the child,
  497  and refraining from disparaging comments about the other parent
  498  to the child.
  499         (s) The developmental stages and needs of the child and the
  500  demonstrated capacity and disposition of each parent to meet the
  501  child’s developmental needs.
  502         (t) Any other factor that is relevant to the determination
  503  of a specific parenting plan, including the time-sharing
  504  schedule.
  505         Section 3. Present paragraphs (c) and (d) of subsection (1)
  506  of section 61.14, Florida Statutes, are redesignated as
  507  paragraphs (d) and (e), respectively, a new paragraph (c) is
  508  added to that subsection, and paragraph (b) of that subsection
  509  is amended, to read:
  510         61.14 Enforcement and modification of support, maintenance,
  511  or alimony agreements or orders.—
  512         (1)
  513         (b)1. The court must may reduce or terminate an award of
  514  support, maintenance, or alimony upon specific written findings
  515  by the court that since the granting of a divorce and the award
  516  of alimony a supportive relationship has existed between the
  517  obligee and a person who is not related to the obligee by
  518  consanguinity or affinity with whom the obligee resides. On the
  519  issue of whether alimony should be reduced or terminated under
  520  this paragraph, the burden is on the obligor to prove by a
  521  preponderance of the evidence that a supportive relationship
  522  exists.
  523         2. In determining the nature of the relationship between an
  524  obligee and another person and the extent to which an whether an
  525  existing award of support, maintenance, or alimony should be
  526  reduced or terminated because of the existence of a an alleged
  527  supportive relationship between an obligee and a person who is
  528  not related by consanguinity or affinity, the court shall make
  529  written findings of fact and with whom the obligee resides, the
  530  court shall elicit the nature and extent of the relationship in
  531  question. The burden is on the obligor to prove, by a
  532  preponderance of the evidence, that a supportive relationship
  533  exists or has existed in the 365 days before the filing of the
  534  petition for dissolution of marriage, separate maintenance, or
  535  supplemental petition for modification. If a supportive
  536  relationship is proven to exist or to have existed, the burden
  537  shifts to the obligee to prove, by a preponderance of the
  538  evidence, that the court should not deny or reduce an initial
  539  award of support, maintenance, or alimony or reduce or terminate
  540  an existing award of support, maintenance, or alimony. The court
  541  shall consider and make written findings of fact regarding all
  542  relevant facts in s. 61.08(3) and give consideration, without
  543  limitation, to circumstances, including, but not limited to, the
  544  following additional factors, in determining the relationship of
  545  an obligee to another person:
  546         a. The extent to which the obligee and the other person
  547  have held themselves out as a married couple by engaging in
  548  conduct such as using the same last name, using a common mailing
  549  address, referring to each other in terms such as “my husband”
  550  or “my wife,” or otherwise conducting themselves in a manner
  551  that evidences a permanent supportive relationship.
  552         b. The period of time that the obligee has resided with the
  553  other person in a permanent place of abode.
  554         c. The extent to which the obligee and the other person
  555  have pooled their assets or income, acquired or maintained a
  556  joint bank account or other financial accounts, or otherwise
  557  exhibited financial interdependence.
  558         d. The extent to which the obligee or the other person has
  559  financially supported the other, in whole or in part, including
  560  payment of the other’s debts, expenses, or liabilities.
  561         e. The extent to which the obligee or the other person has
  562  performed valuable services for the other.
  563         f. The extent to which the obligee or the other person has
  564  performed valuable services for the other’s business entity
  565  company or employer.
  566         g. The extent to which Whether the obligee and the other
  567  person have worked together to acquire any assets create or to
  568  enhance the anything of value of any assets.
  569         h. The extent to which Whether the obligee and the other
  570  person have jointly contributed to the purchase of any real or
  571  personal property.
  572         i. The extent to which Evidence in support of a claim that
  573  the obligee and the other person have an express or implied
  574  agreement regarding property sharing or financial support.
  575         j. The extent to which the obligor has paid the existing
  576  alimony award or failed to do so and the existence and amount of
  577  any arrearage Evidence in support of a claim that the obligee
  578  and the other person have an implied agreement regarding
  579  property sharing or support.
  580         k. The extent to which Whether the obligee and the other
  581  person have provided support to the children or other family
  582  members of one another, regardless of any legal duty to do so.
  583         3. This paragraph does not abrogate the requirement that
  584  every marriage in this state be solemnized under a license, does
  585  not recognize a common law marriage as valid, and does not
  586  recognize a de facto marriage. This paragraph recognizes only
  587  that relationships do exist that provide financial or economic
  588  support equivalent to a marriage and that support, maintenance,
  589  or alimony may be modified or terminated if such a relationship
  590  is proven to exist terminable on remarriage may be reduced or
  591  terminated upon the establishment of equivalent equitable
  592  circumstances as described in this paragraph. The existence of a
  593  conjugal relationship, though it may be relevant to the nature
  594  and extent of the relationship, is not necessary for the
  595  application of the provisions of this paragraph.
  596         (c)1.The court may reduce or terminate an award of
  597  support, maintenance, or alimony upon specific, written findings
  598  of fact that the obligor has reached normal retirement age as
  599  defined by the Social Security Administration or the customary
  600  retirement age for his or her profession and that the obligor
  601  has taken demonstrative and measurable efforts or actions to
  602  retire or has actually retired. The burden is on the obligor to
  603  prove, by a preponderance of the evidence, that his or her
  604  retirement reduces his or her ability to pay support,
  605  maintenance, or alimony. If the court determines that the
  606  obligor’s retirement has reduced or will reduce the obligor’s
  607  ability to pay, the burden shifts to the obligee to prove, by a
  608  preponderance of the evidence, that the obligor’s support,
  609  maintenance, or alimony obligation should not be terminated or
  610  reduced.
  611         2.In determining whether an award of support, maintenance,
  612  or alimony should be reduced or terminated because of the
  613  obligor’s voluntary retirement, the court shall give
  614  consideration to, and make written findings of fact regarding
  615  the following factors:
  616         a.The age and health of the obligor.
  617         b.The nature and type of work performed by the obligor.
  618         c.The customary age of retirement in the obligor’s
  619  profession.
  620         d.The obligor’s motivation for retirement and likelihood
  621  of returning to work.
  622         e.The needs of the obligee and the ability of the obligee
  623  to contribute toward his or her own basic needs.
  624         f.The economic impact that a termination or reduction of
  625  alimony would have on the obligee.
  626         g.All assets of the obligee and the obligor accumulated or
  627  acquired prior to the marriage, during the marriage, or
  628  following the entry of the final judgment as well as the obligor
  629  and obligee’s respective roles in the wasteful depletion of any
  630  marital assets received by him or her at the time of the entry
  631  of the final judgment.
  632         h.The income of the obligee and the obligor earned during
  633  the marriage or following the entry of the final judgment.
  634         i.The social security benefits, retirement plan benefits,
  635  or pension benefits payable to the obligor and the obligee
  636  following the final judgment of dissolution.
  637         j.The obligor’s compliance, in whole or in part, with the
  638  existing alimony obligation.
  639         3.In reasonable anticipation of retirement, but not more
  640  than 6 months before retirement, the obligor may file a petition
  641  for modification of his or her support, maintenance, or alimony
  642  obligation, which shall be effective upon his or her reasonable
  643  and voluntary retirement as determined by the court pursuant to
  644  the factors in subparagraph 2. The court shall give
  645  consideration to, and make written findings of fact regarding,
  646  the factors in subparagraph 2. and s. 61.08(3) when granting or
  647  denying the obligor’s petition for modification; when
  648  confirming, reducing, or terminating the obligor’s alimony
  649  obligation; and when granting or denying any request for
  650  modification, the date of filing of the obligor’s modification
  651  petition, or other date post-filing as equity requires, giving
  652  due regard and consideration to the changed circumstances or the
  653  financial ability of the parties.
  654         Section 4. Paragraph (f) of subsection (3) of section
  655  741.0306, Florida Statutes, is amended to read:
  656         741.0306 Creation of a family law handbook.—
  657         (3) The information contained in the handbook or other
  658  electronic media presentation may be reviewed and updated
  659  annually, and may include, but need not be limited to:
  660         (f) Alimony, including temporary, durational, permanent
  661  rehabilitative, and lump sum.
  662         Section 5. This act shall take effect July 1, 2023.