Bill Text: FL S1416 | 2023 | Regular Session | Enrolled
Bill Title: Dissolution of Marriage
Spectrum: Bipartisan Bill
Status: (Passed) 2023-07-05 - Chapter No. 2023-315, companion bill(s) passed, see CS/HB 1301 (Ch. 2023-301) [S1416 Detail]
Download: Florida-2023-S1416-Enrolled.html
ENROLLED 2023 Legislature CS for SB 1416 20231416er 1 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 52 applicability; authorizing the court to reduce or 53 terminate an award of support, maintenance, or alimony 54 upon specific written findings of fact regarding the 55 obligor’s retirement; providing burdens of proof for 56 the obligor and obligee; requiring the court to make 57 written findings regarding specified factors when 58 deciding whether to reduce or terminate support, 59 maintenance, or alimony; authorizing the obligor to 60 file a petition within a certain timeframe to modify 61 or terminate his or her support, maintenance, or 62 alimony obligation in anticipation of retirement; 63 requiring the court to consider certain factors and 64 make certain written findings; amending s. 741.0306, 65 F.S.; revising the information contained in a certain 66 family law handbook; conforming a provision to changes 67 made by 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 bebridge-the-gap, rehabilitative, 77 or durational alimony, as is equitableorpermanent in nature or78any combination of these forms of alimony. In ananyaward of 79 alimony, the court may order periodic or lump sum paymentsor80payments 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-supportThe court may90consider the adultery of either spouse and the circumstances91thereof in determining the amount of alimony, if any, to be92awarded.In all dissolution actions, the court shall include93findings of fact relative to the factors enumerated in94subsection (2) supporting an award or denial of alimony. 95 (2)(a) In determining whether to award support, 96 maintenance, or alimonyor maintenance, the court shall first 97 make a specific, factual determination as to whether theeither98 party seeking support, maintenance, or alimony has an actual 99 need for italimony or maintenanceand whether the othereither100 party has the ability to pay support, maintenance, or alimonyor101maintenance. 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 theaparty seeking support, 115 maintenance, or alimony has a need for italimony or maintenance116 and that the other party has the ability to pay support, 117 maintenance, or alimonyor maintenance, then in determining the 118 proper form or formstype and amountof support, maintenance, or 119 alimonyor maintenanceunder 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 thephysical, 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) Thefinancialresources and income of each party, 133 including the income generated from both nonmarital andthe134 marital assetsand 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 awardand, when applicable, the time necessary for141either party to acquire sufficient education or training to142enable 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 partiestheyhave 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 of151any alimony award, including the designation of all or a portion152of the payment as a nontaxable, nondeductible payment.153(i)All sources of income available to either party,154including income available to either party through investments155of any asset held by that party.156(j)Any other factor necessary forto doequity 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 obligorany party who is163ordered to pay alimonyto purchase or maintain a life insurance 164 policy or a bond, or to otherwise secure such alimony award with 165 any other assets thatwhichmay 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 107years, a moderate-term 177 marriage is a marriage having a duration between 10 and 20of178greater than 7 yearsbut less than 17years, and a long-term 179 marriage is a marriage having a duration of 2017years or 180 longergreater. 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 toassista party in making theby providing support to185allow the party to makeatransition from being married to being 186 single. Bridge-the-gap alimony assistsis designed to assista 187 party with legitimate identifiable short-term needs., andThe 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 191party receiving alimony. An award of bridge-the-gap alimony is 192shallnotbemodifiable 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 planwhichshall be202 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 awardedwhen permanent212periodic alimony is inappropriate. The purpose of durational213alimony isto provide a party with economic assistance for a set 214 period of timefollowing a marriage of short or moderate215duration or following a marriage of long duration if there is no216ongoing 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 obligeeparty 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 the258needs and necessities of life as they were established during259the marriage of the parties for a party who lacks the financial260ability to meet his or her needs and necessities of life261following a dissolution of marriage. Permanent alimony may be262awarded following a marriage of long duration if such an award263is appropriate upon consideration of the factors set forth in264subsection (2), following a marriage of moderate duration if265such an award is appropriate based upon clear and convincing266evidence after consideration of the factors set forth in267subsection (2), or following a marriage of short duration if268there are written findings of exceptional circumstances. In269awarding permanent alimony, the court shall include a finding270that no other form of alimony is fair and reasonable under the271circumstances of the parties. An award of permanent alimony272terminates upon the death of either party or upon the remarriage273of the party receiving alimony. An award may be modified or274terminated based upon a substantial change in circumstances or275upon the existence of a supportive relationship in accordance276with 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, unlessthe283provisions ofparagraph (c) or paragraph (d) appliesapply, 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, unlessthe293provisions ofparagraph (c) or paragraph (d) appliesapply, 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 mustshallprovide, 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. Ifthe provisions ofsubparagraph 1. appliesapply, 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 mustshallbe directed to the 314 depository. 315 3. In IV-D cases, the IV-D agency hasshall havethe 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 unanticipatedchange 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 interestsinterestof the child must 416shallbe 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 unanticipatedchange 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 429shallbe 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 mustmayreduce or terminate an award of 514 support, maintenance, or alimony upon specific written findings 515 by the court thatsince the granting of a divorce and the award516of alimonya supportive relationship has existed between the 517 obligee and a person who is not related to the obligee by 518 consanguinity or affinitywith whom the obligee resides.On the519issue of whether alimony should be reduced or terminated under520this paragraph, the burden is on the obligor to prove by a521preponderance of the evidence that a supportive relationship522exists.523 2. In determining the nature of the relationship between an 524 obligee and another person and the extent to which anwhether an525existingaward of support, maintenance, or alimony should be 526 reduced or terminated because of the existence of aan alleged527 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 factand with whom the obligee resides, the530courtshall elicit the nature and extent of the relationship in531question. 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) andgive consideration, without543limitation, to circumstances, including, but not limited to,the 544 following additional factors, in determining the relationship of545an 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 personin 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 565companyor employer. 566 g. The extent to whichWhetherthe obligee and the other 567 person have worked together to acquire any assetscreateor to 568 enhance theanything ofvalue of any assets. 569 h. The extent to whichWhetherthe obligee and the other 570 person have jointly contributed to the purchase of any real or 571 personal property. 572 i. The extent to whichEvidence in support of a claim that573 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 arrearageEvidence in support of a claim that the obligee578and the other person have an implied agreement regarding579property sharing or support. 580 k. The extent to whichWhetherthe 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 recognizesonly587 that relationshipsdoexist that provide financial or economic 588 support equivalent to a marriage and that support, maintenance, 589 or alimony must be modified or terminated if such a relationship 590 is proven to existterminable on remarriage may be reduced or591terminated upon the establishment of equivalent equitable592circumstances as described in this paragraph. The existence of a 593 conjugal relationship, though it may be relevant to the nature594and extent of the relationship,is not necessary for the 595 application ofthe provisions ofthis 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,permanent661 rehabilitative, and lump sum. 662 Section 5. This act shall take effect July 1, 2023.