Senate Bill sb0152c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                            CS for SB 152

    By the Committee on Judiciary; and Senator Siplin





    590-1642-05

  1                      A bill to be entitled

  2         An act relating to alimony; amending s. 61.14,

  3         F.S.; authorizing a court to modify payment of

  4         alimony if there is proof by a preponderance of

  5         the evidence that the recipient former spouse

  6         is in a de facto marriage with a person of the

  7         opposite sex outside of the legal bond of

  8         matrimony; prescribing factors to be considered

  9         by the court; providing for application;

10         providing an effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Subsection (1) of section 61.14, Florida

15  Statutes, is amended to read:

16         61.14  Enforcement and modification of support,

17  maintenance, or alimony agreements or orders.--

18         (1)(a)  When the parties enter into an agreement for

19  payments for, or instead of, support, maintenance, or alimony,

20  whether in connection with a proceeding for dissolution or

21  separate maintenance or with any voluntary property

22  settlement, or when a party is required by court order to make

23  any payments, and the circumstances or the financial ability

24  of either party changes or the child who is a beneficiary of

25  an agreement or court order as described herein reaches

26  majority after the execution of the agreement or the rendition

27  of the order, either party may apply to the circuit court of

28  the circuit in which the parties, or either of them, resided

29  at the date of the execution of the agreement or reside at the

30  date of the application, or in which the agreement was

31  executed or in which the order was rendered, for an order

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 152
    590-1642-05




 1  decreasing or increasing the amount of support, maintenance,

 2  or alimony, and the court has jurisdiction to make orders as

 3  equity requires, with due regard to the changed circumstances

 4  or the financial ability of the parties or the child,

 5  decreasing, increasing, or confirming the amount of separate

 6  support, maintenance, or alimony provided for in the agreement

 7  or order.  A finding that medical insurance is reasonably

 8  available or the child support guidelines in s. 61.30 may

 9  constitute changed circumstances. Except as otherwise provided

10  in s. 61.30(11)(c), the court may modify an order of support,

11  maintenance, or alimony by increasing or decreasing the

12  support, maintenance, or alimony retroactively to the date of

13  the filing of the action or supplemental action for

14  modification as equity requires, giving due regard to the

15  changed circumstances or the financial ability of the parties

16  or the child.

17         (b)1.  The court may reduce or terminate an award of

18  alimony upon specific written findings by the court that since

19  the granting of a divorce and the award of alimony a de facto

20  marriage has existed between the obligee and a person of the

21  opposite sex. On the issue of whether alimony should be

22  reduced or terminated under this paragraph, the burden is on

23  the obligor to prove by a preponderance of the evidence that a

24  de facto marriage exists.

25         2.  In determining whether an existing award of alimony

26  should be reduced or terminated because of an alleged de facto

27  marriage between an obligee and a person of the opposite sex,

28  the court shall elicit the nature and extent of the

29  relationship in question. The court shall give consideration,

30  without limitation, to circumstances, such as the following,

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 152
    590-1642-05




 1  in determining the relationship of an obligee to another

 2  person:

 3         a.  The extent to which the obligee and the other

 4  person have held themselves out as a married couple by

 5  engaging in conduct such as using the same last name, using a

 6  common mailing address, referring to each in terms such as "my

 7  husband" or "my wife," or otherwise conducting themselves in a

 8  manner that evidences a stable marriage-like relationship;

 9         b.  The period of time that the obligee has resided

10  with another person not related by consanguinity or affinity

11  in a permanent place of abode;

12         c.  The duration and circumstances under which the

13  obligee has maintained a continuing conjugal relationship with

14  the other person;

15         d.  The extent to which the obligee and the other

16  person have pooled their assets or income or otherwise

17  exhibited financial interdependence;

18         e.  The extent to which the obligee or the other person

19  has supported the other, in whole or in part;

20         f.  The extent to which the obligee or the other person

21  has performed valuable services for the other;

22         g.  The extent to which the obligee or the other person

23  has performed valuable services for the other's company or

24  employer;

25         h.  Whether the obligee and the other person have

26  worked together to create or enhance anything of value;

27         i.  Whether the obligee and the other person have

28  jointly contributed to the purchase of any real or personal

29  property;

30  

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 152
    590-1642-05




 1         j.  Evidence in support of a claim that the obligee and

 2  the other person have an express agreement regarding property

 3  sharing or support; and

 4         k.  Evidence in support of a claim that the obligee and

 5  the other person have an implied agreement regarding property

 6  sharing or support.

 7         3.  This paragraph does not abrogate the requirement

 8  that every marriage in this state be solemnized under a

 9  license and does not recognize a common law marriage as valid.

10         4.  This paragraph applies to any order of alimony

11  which is the result of a divorce that occurred in this state.

12         (c)(b)  For each support order reviewed by the

13  department as required by s. 409.2564(12), if the amount of

14  the child support award under the order differs by at least 10

15  percent but not less than $25 from the amount that would be

16  awarded under s. 61.30, the department shall seek to have the

17  order modified and any modification shall be made without a

18  requirement for proof or showing of a change in circumstances.

19         (d)(c)  The department shall have authority to adopt

20  rules to implement this section.

21         Section 2.  This act shall take effect upon becoming a

22  law.

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                            CS for SB 152
    590-1642-05




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 152

 3                                 

 4  This Committee Substitute makes the following changes:

 5  -    Bases the finding of the existence of a de facto marriage
         on a variety of criteria rather than limiting a finding
 6       exclusively to whether the parties live as husband and
         wife under color of validity, but defective in form, or
 7       whether cohabitation exists with a person of the opposite
         sex similar to a former common law marriage;
 8  
    -    Authorizes, rather than requires, the court to terminate
 9       alimony upon a preponderance-of-the-evidence showing of
         the existence of a de facto marriage;
10  
    -    Clarifies that marriages in this state require a license
11       to be valid, such that a common law marriage is not
         recognized;
12  
    -    Clarifies that these changes apply only to alimony orders
13       resulting from divorces occurring in this state.

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  5

CODING: Words stricken are deletions; words underlined are additions.