Bill Text: FL S0748 | 2012 | Regular Session | Comm Sub
Bill Title: Dissolution of Marriage
Spectrum: Bipartisan Bill
Status: (Failed) 2012-03-09 - Died in Rules [S0748 Detail]
Download: Florida-2012-S0748-Comm_Sub.html
Florida Senate - 2012 CS for SB 748 By the Committee on Judiciary; and Senator Diaz de la Portilla 590-03215-12 2012748c1 1 A bill to be entitled 2 An act relating to dissolution of marriage; amending 3 s. 61.08, F.S.; revising the factors to be considered 4 for alimony awards, including adultery; requiring a 5 court to make certain written findings concerning 6 alimony; providing that if the court orders a party to 7 provide security to protect an award of alimony, the 8 court may so order only upon a showing of special 9 circumstances; requiring that the court make specific 10 evidentiary findings regarding the availability, cost, 11 and financial impact on the obligated party to support 12 the award of security; revising provisions for an 13 award of durational alimony; redesignating permanent 14 alimony as long-term alimony and revising provisions 15 relating to its award; amending s. 61.14, F.S.; 16 prohibiting a court from reserving jurisdiction to 17 reinstate an alimony award if a supportive 18 relationship ends; providing that a modification or 19 termination of an alimony award is retroactive to the 20 date of filing; requiring the court to consider 21 certain specified factors in determining if the 22 obligor’s retirement is reasonable; amending s. 61.19, 23 F.S.; prohibiting the court from granting a final 24 dissolution of marriage with a reservation of 25 jurisdiction during the first 180 days after the date 26 of service of the original petition for dissolution of 27 marriage to subsequently determine all other 28 substantive issues except in exceptional 29 circumstances; authorizing the court to grant a final 30 dissolution of marriage with a reservation of 31 jurisdiction to subsequently determine all other 32 substantive issues only if the court enters such other 33 temporary orders as are necessary to protect the 34 interests of the parties and their children; providing 35 circumstances in which the court is not required to 36 enter a temporary order; providing an effective date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1. Section 61.08, Florida Statutes, is amended to 41 read: 42 61.08 Alimony.— 43 (1) In a proceeding for dissolution of marriage, the court 44 may grant alimony to either party, which alimony may be bridge 45 the-gap, rehabilitative, durational, or long-termpermanentin 46 nature or any combination of these forms of alimony where 47 appropriate. In any award of alimony, the court may order 48 periodic payments or payments in lump sum or both. The court may 49 consider the adultery of either spouse and the circumstances 50 thereof in determining the amount of alimony, if any, to be 51 awarded to the extent that the adultery caused a significant 52 depletion in the marital assets or caused a significant 53 reduction in the income of a party. In all dissolution actions, 54 the court shall include findings of fact relative to the factors 55 enumerated in subsection (2) supporting an award or denial of 56 alimony. 57 (2) In determining whether to award alimony or maintenance, 58 the court shall first make, in writing, a specific factual 59 determination as to whether either party has an actual need for 60 alimony or maintenance and whether either party has the ability 61 to pay alimony or maintenance. If the court finds that a party 62 has a need for alimony or maintenance and that the other party 63 has the ability to pay alimony or maintenance, then in 64 determining the proper type and amount of alimony or maintenance 65 under subsections (5)-(8), the court shall consider and make 66 written findings regarding all relevant factors, including, but67not limited to: 68 (a) The standard of living established during the marriage. 69 (b) The duration of the marriage. 70 (c) The age and the physical and emotional condition of 71 each party. 72 (d) The financial resources of each party, including the 73 nonmarital and the marital assets and liabilities distributed to 74 each. 75 (e) The earning capacities, educational levels, vocational 76 skills, and employability of the parties and, when applicable, 77 the time necessary for either party to acquire sufficient 78 education or training to enable such party to find appropriate 79 employment. 80 (f) The contribution of each party to the marriage, 81 including, but not limited to, services rendered in homemaking, 82 child care, education, and career building of the other party. 83 (g) The responsibilities each party will have with regard 84 to any minor children the partiestheyhave in common. 85 (h) The tax treatment and consequences to both parties of 86 any alimony award, which may include the designation of all or a 87 portion of the payment as nontaxable to the recipient and 88 nondeductible to the payorincluding the designation of all or a89portion of the payment as a nontaxable, nondeductible payment. 90 (i) All sources of income available to either party, 91 including income available to either party through investments 92 of any asset held by that party. 93 (j) The net income available to each party after the 94 application of the alimony award. 95 (k)(j)Any other factor necessary to do equity and justice 96 between the parties, if that factor is specifically identified 97 in the award along with findings of fact justifying the 98 application of the factor. 99 (3) To the extent necessary to protect an award of alimony, 100 the court may order any party who is ordered to pay alimony to 101 purchase or maintain a life insurance policy or a bond, or to 102 otherwise secure such alimony award with any other assets which 103 may be suitable for that purpose in an amount adequate to secure 104 the alimony award. Such security may be awarded only upon a 105 showing of special circumstances. If the court finds special 106 circumstances and awards such security, the court shall make 107 specific evidentiary findings regarding the availability, cost, 108 and financial impact on the obligated party. Any security may be 109 modifiable if the underlying alimony award is modified. 110 (4) For purposes of determining alimony, there is a 111 rebuttable presumption that a short-term marriage is a marriage 112 having a duration of less than 7 years, a moderate-term marriage 113 is a marriage having a duration ofgreater than7 years or 114 greater but less than 17 years, and long-term marriage is a 115 marriage having a duration of 17 years or greater. The length of 116 a marriage is the period of time from the date of marriage until 117 the date of filing of an action for dissolution of marriage. 118 (5) Bridge-the-gap alimony may be awarded to assist a party 119 by providing support to allow the party to make a transition 120 from being married to being single. Bridge-the-gap alimony is 121 designed to assist a party with legitimate identifiable short 122 term needs, and the length of an award may not exceed 2 years. 123 An award of bridge-the-gap alimony terminates upon the death of 124 either party or upon the remarriage of the party receiving 125 alimony. An award of bridge-the-gap alimony shall not be 126 modifiable in amount or duration. 127 (6)(a) Rehabilitative alimony may be awarded to assist a 128 party in establishing the capacity for self-support through 129 either: 130 1. The redevelopment of previous skills or credentials; or 131 2. The acquisition of education, training, or work 132 experience necessary to develop appropriate employment skills or 133 credentials. 134 (b) In order to award rehabilitative alimony, there must be 135 a specific and defined rehabilitative plan which shall be 136 included as a part of any order awarding rehabilitative alimony. 137 (c) An award of rehabilitative alimony may be modified or 138 terminated in accordance with s. 61.14 based upon a substantial 139 change in circumstances, upon noncompliance with the 140 rehabilitative plan, or upon completion of the rehabilitative 141 plan. 142 (7) Durational alimony may be awarded when permanent 143 periodic alimony is inappropriate. The purpose of durational 144 alimony is to provide a party with economic assistance for a set 145 period of time following a marriage of short or moderate 146 duration or following a marriage of long duration if there is no 147 ongoing need for support on a long-termpermanentbasis as 148 provided in subsection (8). An award of durational alimony 149 terminates upon the death of either party or upon the remarriage 150 of the party receiving alimony. The amount of an award of 151 durational alimony may be modified or terminated based upon a 152 substantial change in circumstances in accordance with s. 61.14. 153 However, The length of an award of durational alimony may not be 154 modified except under exceptional circumstances and may not 155 exceed the length of the marriage. 156 (8) Long-termPermanentalimony may be awarded to provide 157 for the needs and necessities of life as they were established 158 during the marriage of the parties for a party who lacks the 159 financial ability to meet his or her needs and necessities of 160 life following a dissolution of marriage. Long-termPermanent161 alimony may be awarded following a marriage of long duration if 162 such an award is appropriate upon consideration of the factors 163 set forth in subsection (2), following a marriage of moderate 164 duration if such an award is appropriate based upon clear and 165 convincing evidence after consideration of the factors set forth 166 in subsection (2), or following a marriage of short duration if 167 there are written findings of exceptional circumstances. In 168 awarding long-termpermanentalimony, the court shall include 169 findingsa findingthat no other form of alimony will provide 170 for the needs and necessities of life of the recipient as 171 established during the marriage of the parties and that no other 172 form is fair and reasonable under the circumstances of the 173 parties. An award of long-termpermanentalimony remains payable 174 untilterminates uponthe death of either party or upon the 175 remarriage of the party receiving alimony. An award may be 176 modified or terminated based upon a substantial change in 177 circumstances or upon the existence of a supportive relationship 178 in accordance with s. 61.14. 179 (9) The award of alimony may not leave the payor with 180 significantly less net income than the net income of the 181 recipient unless there are written findings of exceptional 182 circumstances. 183 (10)(a) With respect to any order requiring the payment of 184 alimony entered on or after January 1, 1985, unlessthe185provisions ofparagraph (c) or paragraph (d) appliesapply, the 186 court shall direct in the order that the payments of alimony be 187 made through the appropriate depository as provided in s. 188 61.181. 189 (b) With respect to any order requiring the payment of 190 alimony entered before January 1, 1985, upon the subsequent 191 appearance, on or after that date, of one or both parties before 192 the court having jurisdiction for the purpose of modifying or 193 enforcing the order or in any other proceeding related to the 194 order, or upon the application of either party, unlessthe195provisions ofparagraph (c) or paragraph (d) appliesapply, the 196 court shall modify the terms of the order as necessary to direct 197 that payments of alimony be made through the appropriate 198 depository as provided in s. 61.181. 199 (c) If there is no minor child, alimony payments need not 200 be directed through the depository. 201 (d)1. If there is a minor child of the parties and both 202 parties so request, the court may order that alimony payments 203 need not be directed through the depository. In this case, the 204 order of support shall provide, or be deemed to provide, that 205 either party may subsequently apply to the depository to require 206 that payments be made through the depository. The court shall 207 provide a copy of the order to the depository. 208 2. Ifthe provisions ofsubparagraph 1. appliesapply, 209 either party may subsequently file with the depository an 210 affidavit alleging default or arrearages in payment and stating 211 that the party wishes to initiate participation in the 212 depository program. The party shall provide copies of the 213 affidavit to the court and the other party or parties. Fifteen 214 days after receipt of the affidavit, the depository shall notify 215 all parties that future payments shall be directed to the 216 depository. 217 3. In IV-D cases, the IV-D agency shall have the same 218 rights as the obligee in requesting that payments be made 219 through the depository. 220 Section 2. Paragraph (b) of subsection (1) of section 221 61.14, Florida Statutes, is amended, and subsection (12) is 222 added to that section, to read: 223 61.14 Enforcement and modification of support, maintenance, 224 or alimony agreements or orders.— 225 (1) 226 (b)1. The court may reduce or terminate an award of alimony 227 upon specific written findings by the court that since the 228 granting of a divorce and the award of alimony a supportive 229 relationship has existed between the obligee and a person with 230 whom the obligee resides. On the issue of whether alimony should 231 be reduced or terminated under this paragraph, the burden is on 232 the obligor to prove by a preponderance of the evidence that a 233 supportive relationship exists. 234 2. In determining whether an existing award of alimony 235 should be reduced or terminated because of an alleged supportive 236 relationship between an obligee and a person who is not related 237 by consanguinity or affinity and with whom the obligee resides, 238 the court shall elicit the nature and extent of the relationship 239 in question. The court shall give consideration, without 240 limitation, to circumstances,including, but not limited to, the 241 following, in determining the relationship of an obligee to 242 another person: 243 a. The extent to which the obligee and the other person 244 have held themselves out as a married couple by engaging in 245 conduct such as using the same last name, using a common mailing 246 address, referring to each other in terms such as “my husband” 247 or “my wife,” or otherwise conducting themselves in a manner 248 that evidences a permanent supportive relationship. 249 b. The period of time that the obligee has resided with the 250 other person in a permanent place of abode. 251 c. The extent to which the obligee and the other person 252 have pooled their assets or income or otherwise exhibited 253 financial interdependence. 254 d. The extent to which the obligee or the other person has 255 supported the other, in whole or in part. 256 e. The extent to which the obligee or the other person has 257 performed valuable services for the other. 258 f. The extent to which the obligee or the other person has 259 performed valuable services for the other’s company or employer. 260 g. Whether the obligee and the other person have worked 261 together to create or enhance anything of value. 262 h. Whether the obligee and the other person have jointly 263 contributed to the purchase of any real or personal property. 264 i. Evidence in support of a claim that the obligee and the 265 other person have an express agreement regarding property 266 sharing or support. 267 j. Evidence in support of a claim that the obligee and the 268 other person have an implied agreement regarding property 269 sharing or support. 270 k. Whether the obligee and the other person have provided 271 support to the children of one another, regardless of any legal 272 duty to do so. 273 3. This paragraph does not abrogate the requirement that 274 every marriage in this state be solemnized under a license, does 275 not recognize a common law marriage as valid, and does not 276 recognize a de facto marriage. This paragraph recognizes only 277 that relationships do exist that provide economic support 278 equivalent to a marriage and that alimony terminable on 279 remarriage may be reduced or terminated upon the establishment 280 of equivalent equitable circumstances as described in this 281 paragraph. The existence of a conjugal relationship, though it 282 may be relevant to the nature and extent of the relationship, is 283 not necessary for the application ofthe provisions ofthis 284 paragraph. 285 4. A court terminating an alimony award based on the 286 existence of a supportive relationship may not reserve 287 jurisdiction to later reinstate alimony. 288 5. A modification or termination of an alimony award may be 289 retroactive to the date of filing of the petition for 290 modification or termination. 291 (12) The fact that an obligor has reached the normal 292 retirement age for his or her profession, has retired, and has 293 no intent to return to work shall be considered a substantial 294 change in circumstance as a matter of law. In determining 295 whether the obligor’s retirement is reasonable, the court shall 296 consider the following factors of the obligor: 297 (a) Age. 298 (b) Health. 299 (c) Motivation for retirement. 300 (d) Type of work. 301 (e) Normal retirement age for that type of work. 302 Section 3. Section 61.19, Florida Statutes, is amended to 303 read: 304 61.19 Entry of judgment of dissolution of marriage;,delay 305 period; bifurcation.— 306 (1) ANofinal judgment of dissolution of marriage may not 307 be entered until at least 20 days have elapsed followingfrom308 the date of filing the original petition for dissolution of 309 marriage,;but the court, on a showing that injustice would 310 result from this delay, may enter a final judgment of 311 dissolution of marriage at an earlier date. 312 (2) During the first 180 days following the date of service 313 of the original petition for dissolution of marriage, the court 314 may not grant a final dissolution of marriage with a reservation 315 of jurisdiction to subsequently determine all other substantive 316 issues except in exceptional circumstances when it is clearly 317 necessary for the best interests of the parties or their 318 children. The desire of one of the parties to remarry does not 319 justify the use of this process. If more than 180 days have 320 elapsed following the date of service of the original petition 321 for dissolution of marriage, the court may grant a final 322 dissolution of marriage with a reservation of jurisdiction to 323 subsequently determine all other substantive issues only if the 324 court enters such other temporary orders as are necessary to 325 protect the interests of the parties and their children, which 326 shall remain effective until such time as all other issues can 327 be adjudicated by the court. The temporary orders necessary to 328 protect the interests of the children and the parties, which may 329 be entered before the granting of a dissolution of marriage 330 without an adjudication of all substantive issues, may include, 331 but need not be limited to, temporary orders that: 332 (a) Restrict the sale or disposition of property. 333 (b) Protect and preserve the marital assets. 334 (c) Establish support. 335 (d) Provide for maintenance of health insurance. 336 (e) Provide for maintenance of life insurance. 337 338 The court is not required to enter temporary orders to protect 339 the parties and their children if the court enters a final 340 judgment of dissolution of marriage which adjudicates 341 substantially all of the substantive issues between the parties 342 but reserves jurisdiction to address ancillary issues, such as 343 the entry of a qualified domestic relations order or the 344 adjudication of attorney fees and costs. 345 Section 4. This act shall take effect July 1, 2012.