Senate Bill sb0348

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    Florida Senate - 2006                                   SB 348

    By Senator Margolis





    35-358B-06

  1                      A bill to be entitled

  2         An act relating to alimony and support;

  3         amending s. 61.14, F.S.; providing that an

  4         award of alimony may be reduced or terminated

  5         upon a specific written finding showing that a

  6         conjugal supportive relationship exists between

  7         the obligee granted the award of alimony and a

  8         person of the opposite sex with whom the

  9         obligee resides; providing circumstances that

10         the court may consider when determining whether

11         a conjugal supportive relationship exists

12         between the obligee and a person of the

13         opposite sex with whom the obligee resides;

14         providing that a conjugal relationship must

15         exist between the obligee and a person of the

16         opposite sex before an award of alimony may be

17         reduced or terminated; requiring that the court

18         retain jurisdiction; providing that if the

19         conjugal supportive relationship between the

20         obligee and the person of the opposite sex with

21         whom the obligor resides terminates, the

22         obligee may petition the court to reinstate the

23         award of alimony; providing an effective date.

24  

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

26  

27         Section 1.  Paragraph (b) of subsection (1) of section

28  61.14, Florida Statutes, is amended to read:

29         61.14  Enforcement and modification of support,

30  maintenance, or alimony agreements or orders.--

31         (1)

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    Florida Senate - 2006                                   SB 348
    35-358B-06




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

 2  alimony upon specific written findings by the court that since

 3  the granting of a divorce and the award of alimony a conjugal

 4  supportive relationship has existed between the obligee and a

 5  person of the opposite sex with whom the obligee resides. On

 6  the issue of whether alimony should be reduced or terminated

 7  under this paragraph, the burden is on the obligor to prove by

 8  a preponderance of the evidence that a conjugal supportive

 9  relationship exists.

10         2.  In determining whether an existing award of alimony

11  should be reduced or terminated because of an alleged conjugal

12  supportive relationship between an obligee and a person of the

13  opposite sex who is not related by consanguinity or affinity

14  and with whom the obligee resides, the court shall elicit the

15  nature and extent of the relationship in question. The court

16  shall give consideration, without limitation, to

17  circumstances, including, but not limited to, the following,

18  in determining the relationship of an obligee to another

19  person of the opposite sex:

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

21  person have held themselves out as a married couple by

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

23  common mailing address, referring to each other in terms such

24  as "my husband" or "my wife," or otherwise conducting

25  themselves in a manner that evidences a permanent supportive

26  conjugal relationship.

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

28  with the other person of the opposite sex in a permanent place

29  of abode.

30  

31  

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    Florida Senate - 2006                                   SB 348
    35-358B-06




 1         c.  The extent to which the obligee and the other

 2  person of the opposite sex have pooled their assets or income

 3  or otherwise exhibited financial interdependence.

 4         d.  The extent to which the obligee or the other person

 5  of the opposite sex has supported the other, in whole or in

 6  part.

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

 8  of the opposite sex has performed valuable services for the

 9  other.

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

11  of the opposite sex has performed valuable services for the

12  other's company or employer.

13         g.  Whether the obligee and the other person of the

14  opposite sex have worked together to create or enhance

15  anything of value.

16         h.  Whether the obligee and the other person of the

17  opposite sex have jointly contributed to the purchase of any

18  real or personal property.

19         i.  Evidence in support of a claim that the obligee and

20  the other person of the opposite sex have an express agreement

21  regarding property sharing or support.

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

23  the other person of the opposite sex have an implied agreement

24  regarding property sharing or support.

25         k.  Whether the obligee and the other person of the

26  opposite sex have provided support to the children of one

27  another, regardless of any legal duty to do so.

28         3.  This paragraph does not abrogate the requirement

29  that every marriage in this state be solemnized under a

30  license, does not recognize a common law marriage as valid,

31  and does not recognize a de facto marriage. This paragraph

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    Florida Senate - 2006                                   SB 348
    35-358B-06




 1  recognizes only that relationships do exist that provide

 2  economic support equivalent to a marriage and that alimony

 3  terminable on remarriage may be reduced or terminated upon the

 4  establishment of equivalent equitable circumstances as

 5  described in this paragraph. The existence of a conjugal

 6  relationship, though it may be relevant to the nature and

 7  extent of the relationship, is not necessary for the

 8  application of the provisions of this paragraph.

 9         4.  The court that conducts the hearing to determine

10  whether an award of alimony should be reduced or terminated

11  shall retain jurisdiction for any subsequent hearing

12  concerning the modification of alimony or child support.

13         5.  If the conjugal supportive relationship between the

14  obligee and the person of the opposite sex with whom the

15  obligee resides terminates, the obligee may petition the court

16  to reinstate the award of alimony previously reduced or

17  terminated due to the conjugal supportive relationship.

18         Section 2.  This act shall take effect July 1, 2006.

19  

20            *****************************************

21                          SENATE SUMMARY

22    Provides that an award of alimony may be reduced or
      terminated upon a specific written finding showing that a
23    conjugal supportive relationship exists between the
      obligee granted the award of alimony and a person of the
24    opposite sex with whom the obligee resides. Requires that
      a conjugal relationship exist between the obligee and a
25    person of the opposite sex before an award of alimony may
      be reduced or terminated. Provides that if the conjugal
26    supportive relationship ends, the obligee may petition
      the court to reinstate the award of alimony.
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