HB 1181

1	A bill to be entitled
2	An act relating to alimony; amending s. 61.14, F.S.;
3	authorizing a court to reduce or terminate an award of
4	alimony if there is proof by a preponderance of the
5	evidence that the obligee is in a de facto marriage with a
6	person of the opposite sex outside of the legal bond of
7	matrimony; prescribing factors to be considered by the
8	court; providing construction; providing an effective
9	date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Subsection (1) of section 61.14, Florida
14	Statutes, is amended to read:
15	61.14  Enforcement and modification of support,
16	maintenance, or alimony agreements or orders.--
17	(1)(a)  When the parties enter into an agreement for
18	payments for, or instead of, support, maintenance, or alimony,
19	whether in connection with a proceeding for dissolution or
20	separate maintenance or with any voluntary property settlement,
21	or when a party is required by court order to make any payments,
22	and the circumstances or the financial ability of either party
23	changes or the child who is a beneficiary of an agreement or
24	court order as described herein reaches majority after the
25	execution of the agreement or the rendition of the order, either
26	party may apply to the circuit court of the circuit in which the
27	parties, or either of them, resided at the date of the execution
28	of the agreement or reside at the date of the application, or in
29	which the agreement was executed or in which the order was
30	rendered, for an order decreasing or increasing the amount of
31	support, maintenance, or alimony, and the court has jurisdiction
32	to make orders as equity requires, with due regard to the
33	changed circumstances or the financial ability of the parties or
34	the child, decreasing, increasing, or confirming the amount of
35	separate support, maintenance, or alimony provided for in the
36	agreement or order.  A finding that medical insurance is
37	reasonably available or the child support guidelines in s. 61.30
38	may constitute changed circumstances. Except as otherwise
39	provided in s. 61.30(11)(c), the court may modify an order of
40	support, maintenance, or alimony by increasing or decreasing the
41	support, maintenance, or alimony retroactively to the date of
42	the filing of the action or supplemental action for modification
43	as equity requires, giving due regard to the changed
44	circumstances or the financial ability of the parties or the
45	child.
46	(b)1.  The court may reduce or terminate an award of
47	alimony upon specific written findings by the court that since
48	the granting of a divorce and the award of alimony a de facto
49	marriage has existed between the obligee and a person of the
50	opposite sex. On the issue of whether alimony should be reduced
51	or terminated under this paragraph, the burden is on the obligor
52	to prove by a preponderance of the evidence that a de facto
53	marriage exists.
54	2.  In determining whether an existing award of alimony
55	should be reduced or terminated because of an alleged de facto
56	marriage between an obligee and a person of the opposite sex,
57	the court shall elicit the nature and extent of the relationship
58	in question. The court shall give consideration, without
59	limitation, to circumstances, including, but not limited to, the
60	following, in determining the relationship of an obligee to
61	another person:
62	a.  The extent to which the obligee and the other person
63	have held themselves out as a married couple by engaging in
64	conduct such as using the same last name, using a common mailing
65	address, referring to each other in terms such as "my husband"
66	or "my wife," or otherwise conducting themselves in a manner
67	that evidences a stable marriage-like relationship.
68	b.  The period of time that the obligee has resided with
69	another person not related by consanguinity or affinity in a
70	permanent place of abode.
71	c.  The duration and circumstances under which the obligee
72	has maintained a continuing conjugal relationship with the other
73	person.
74	d.  The extent to which the obligee and the other person
75	have pooled their assets or income or otherwise exhibited
76	financial interdependence.
77	e.  The extent to which the obligee or the other person has
78	supported the other, in whole or in part.
79	f.  The extent to which the obligee or the other person has
80	performed valuable services for the other.
81	g.  The extent to which the obligee or the other person has
82	performed valuable services for the other's company or employer.
83	h.  Whether the obligee and the other person have worked
84	together to create or enhance anything of value.
85	i.  Whether the obligee and the other person have jointly
86	contributed to the purchase of any real or personal property.
87	j.  Evidence in support of a claim that the obligee and the
88	other person have an express agreement regarding property
89	sharing or support.
90	k.  Evidence in support of a claim that the obligee and the
91	other person have an implied agreement regarding property
92	sharing or support.
93	3.  This paragraph does not abrogate the requirement that
94	every marriage in this state be solemnized under a license and
95	does not recognize a common law marriage as valid.
96	(c)(b)  For each support order reviewed by the department
97	as required by s. 409.2564(12), if the amount of the child
98	support award under the order differs by at least 10 percent but
99	not less than $25 from the amount that would be awarded under s.
100	61.30, the department shall seek to have the order modified and
101	any modification shall be made without a requirement for proof
102	or showing of a change in circumstances.
103	(d)(c)  The department shall have authority to adopt rules
104	to implement this section.
105	Section 2.  This act shall take effect upon becoming a law.

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