Bill Text: FL S1194 | 2010 | Regular Session | Comm Sub

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Bill Title: Alimony [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-30 - Died on Calendar, companion bill(s) passed, see CS/HB 907 (Ch. 2010-199) [S1194 Detail]

Download: Florida-2010-S1194-Comm_Sub.html

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Florida Senate - 2010                             CS for SB 1194 
 
By the Committee on Children, Families, and Elder Affairs; and 
Senator Altman 
586-03768-10                                          20101194c1 
1                        A bill to be entitled 
2         An act relating to alimony; amending s. 61.08, F.S.; 
3         allowing for award of more than one type of alimony; 
4         revising factors to be considered in whether to award 
5         alimony or maintenance; providing for award of bridge 
6         the-gap alimony; providing that such an award is not 
7         modifiable; providing for award of rehabilitative 
8         alimony in certain circumstances; providing for 
9         modification or termination of such an award; 
10         providing for award of durational alimony in certain 
11         circumstances; providing for modification or 
12         termination of such an award; providing for award of 
13         permanent alimony in certain circumstances; providing 
14         for modification or termination of such an award; 
15         providing an effective date. 
16 
17  Be It Enacted by the Legislature of the State of Florida: 
18 
19         Section 1. Section 61.08, Florida Statutes, is amended to 
20  read: 
21         61.08 Alimony.— 
22         (1) In a proceeding for dissolution of marriage, the court 
23  may grant alimony to either party, which alimony may be bridge 
24  the-gap, rehabilitative, durational, or permanent in nature or 
25  any combination of these forms of alimony. In any award of 
26  alimony, the court may order periodic payments or payments in 
27  lump sum or both. The court may consider the adultery of either 
28  spouse and the circumstances thereof in determining the amount 
29  of alimony, if any, to be awarded. In all dissolution actions, 
30  the court shall include findings of fact relative to the factors 
31  enumerated in subsection (2) supporting an award or denial of 
32  alimony. 
33         (2) In determining whether to a proper award of alimony or 
34  maintenance, the court shall first make a specific factual 
35  determination as to whether either party has an actual need for 
36  alimony or maintenance and whether either party has the ability 
37  to pay alimony or maintenance. If the court finds that a party 
38  has a need for alimony or maintenance and that the other party 
39  has the ability to pay alimony or maintenance, in determining 
40  the proper type and amount of alimony or maintenance, the court 
41  shall consider all relevant economic factors, including, but not 
42  limited to: 
43         (a) The standard of living established during the marriage. 
44         (b) The duration of the marriage. 
45         (c) The age and the physical and emotional condition of 
46  each party. 
47         (d) The financial resources of each party, including the 
48  nonmarital and the marital assets and liabilities distributed to 
49  each. 
50         (e) The earning capacities, educational levels, vocational 
51  skills, and employability of the parties and, when applicable, 
52  the time necessary for either party to acquire sufficient 
53  education or training to enable such party to find appropriate 
54  employment. 
55         (f) The contribution of each party to the marriage, 
56  including, but not limited to, services rendered in homemaking, 
57  child care, education, and career building of the other party. 
58         (g) The responsibilities each party will have with regard 
59  to any minor children they have in common. 
60         (h) The tax treatment and consequences to both parties of 
61  any alimony award, including the designation of all or a portion 
62  of the payment as a nontaxable, nondeductible payment. 
63         (i)(g) All sources of income available to either party, 
64  including income available to either party through investments 
65  of any asset held by that party. 
66 
67         (j) The court may consider Any other factor necessary to do 
68  equity and justice between the parties. 
69         (3) To the extent necessary to protect an award of alimony, 
70  the court may order any party who is ordered to pay alimony to 
71  purchase or maintain a life insurance policy or a bond, or to 
72  otherwise secure such alimony award with any other assets which 
73  may be suitable for that purpose. 
74         (4) Bridge-the-gap alimony may be awarded to assist a party 
75  by providing support to allow the party to make a transition 
76  from being married to being single. Bridge-the-gap alimony is 
77  designed to assist a party with legitimate identifiable short 
78  term needs and the length of such award may not exceed 2 years. 
79  An award of bridge-the-gap alimony terminates upon the death of 
80  either party or upon the remarriage of the party receiving 
81  alimony. An award of bridge-the-gap alimony shall not be 
82  modifiable in amount or duration. 
83         (5)(a) Rehabilitative alimony may be awarded to assist a 
84  party in establishing the capacity for self-support through 
85  either: 
86         1. The redevelopment of previous skills or credentials; or 
87         2. The acquisition of education, training, or work 
88  experience necessary to develop appropriate employment skills or 
89  credentials. 
90         (b) In order to award rehabilitative alimony, there must be 
91  a specific and defined rehabilitative plan which shall be 
92  included as a part of any order awarding rehabilitative alimony. 
93         (c) An award of rehabilitative alimony may be modified or 
94  terminated in accordance with s. 61.14 based upon a substantial 
95  change in circumstances, upon noncompliance with the 
96  rehabilitative plan, or upon completion of the rehabilitative 
97  plan. 
98         (6) Durational alimony may be awarded when permanent 
99  periodic alimony is inappropriate. The purpose of durational 
100  alimony is to provide a party with economic assistance for a set 
101  period of time following a marriage of short or moderate 
102  duration. An award of durational alimony terminates upon the 
103  death of either party or upon the remarriage of the party 
104  receiving alimony. The amount of an award of durational alimony 
105  may be modified or terminated based upon a substantial change in 
106  circumstances in accordance with s. 61.14. However, the length 
107  of an award of durational alimony may not be modified except 
108  under exceptional circumstances. 
109         (7) Permanent alimony may be awarded to provide for the 
110  needs and necessities of life as they were established during 
111  the marriage of the parties for a party who lacks the financial 
112  ability to meet his or her needs and necessities of life 
113  following a dissolution of marriage. Permanent alimony may be 
114  awarded following a marriage of long duration, following a 
115  marriage of moderate duration if such an award is appropriate 
116  upon consideration of the factors set forth in subsection (2), 
117  or following a marriage of short duration if there are 
118  exceptional circumstances. An award of permanent alimony 
119  terminates upon the death of either party or upon the remarriage 
120  of the party receiving alimony. An award may be modified or 
121  terminated based upon a substantial change in circumstances or 
122  upon the existence of a supportive relationship in accordance 
123  with s. 61.14. 
124         (8)(4)(a) With respect to any order requiring the payment 
125  of alimony entered on or after January 1, 1985, unless the 
126  provisions of paragraph (c) or paragraph (d) apply, the court 
127  shall direct in the order that the payments of alimony be made 
128  through the appropriate depository as provided in s. 61.181. 
129         (b) With respect to any order requiring the payment of 
130  alimony entered before January 1, 1985, upon the subsequent 
131  appearance, on or after that date, of one or both parties before 
132  the court having jurisdiction for the purpose of modifying or 
133  enforcing the order or in any other proceeding related to the 
134  order, or upon the application of either party, unless the 
135  provisions of paragraph (c) or paragraph (d) apply, the court 
136  shall modify the terms of the order as necessary to direct that 
137  payments of alimony be made through the appropriate depository 
138  as provided in s. 61.181. 
139         (c) If there is no minor child, alimony payments need not 
140  be directed through the depository. 
141         (d)1. If there is a minor child of the parties and both 
142  parties so request, the court may order that alimony payments 
143  need not be directed through the depository. In this case, the 
144  order of support shall provide, or be deemed to provide, that 
145  either party may subsequently apply to the depository to require 
146  that payments be made through the depository. The court shall 
147  provide a copy of the order to the depository. 
148         2. If the provisions of subparagraph 1. apply, either party 
149  may subsequently file with the depository an affidavit alleging 
150  default or arrearages in payment and stating that the party 
151  wishes to initiate participation in the depository program. The 
152  party shall provide copies of the affidavit to the court and the 
153  other party or parties. Fifteen days after receipt of the 
154  affidavit, the depository shall notify all parties that future 
155  payments shall be directed to the depository. 
156         3. In IV-D cases, the IV-D agency shall have the same 
157  rights as the obligee in requesting that payments be made 
158  through the depository. 
159         Section 2. This act shall take effect July 1, 2010.