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:
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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.
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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.
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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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