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.