HB 1469

1
A bill to be entitled
2An act relating to dissolution of marriage; providing a
3short title; amending s. 61.052, F.S.; providing that a
4party in a proceeding to dissolve a marriage solemnized
5under religious auspices may request a declaration from
6the other party that the other party will cooperate in
7removal of any barrier to the requesting party's
8remarriage following the dissolution; defining specified
9terms; providing for the effect of failure to comply with
10a request or declaration; providing for a sworn statement
11by an officiating member of the clergy concerning a
12party's compliance with removal of impediments to
13remarriage; providing for construction of provisions;
14amending s. 61.075, F.S.; providing for consideration of a
15party's compliance with a request for removal of barriers
16to remarriage as an equitable factor in distribution of
17assets and liabilities; amending s. 61.08, F.S.; providing
18for consideration of a party's compliance with a request
19for removal of barriers to remarriage as a factor in award
20of alimony; amending s. 61.14, F.S.; providing that a
21party's failure to comply with a declaration to cooperate
22in the removal of barriers to remarriage may be considered
23a changed circumstance for purposes of modification of
24alimony; providing an effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  This act may be cited as the "Freedom to
29Remarry Act."
30     Section 2.  Subsection (9) is added to section 61.052,
31Florida Statutes, to read:
32     61.052  Dissolution of marriage.--
33     (9)  This subsection applies only to a marriage solemnized
34by a regularly ordained minister of the gospel or elder in
35communion with some church or other ordained member of the
36clergy, or in accordance with s. 741.07(2) or a similar
37provision in another jurisdiction.
38     (a)  As used in this subsection, the term:
39     1.  "Barrier to remarriage" includes, without limitation,
40any religious or conscientious restraint or inhibition of which
41the party required to make the verified statement is aware that
42is imposed on a party to a marriage under the principles held by
43the person who has solemnized the marriage by reason of the
44other party's commission or withholding of any voluntary act.
45Nothing in this subsection shall be construed to require any
46party to consult with any member of the clergy or minister to
47determine whether there exists any such religious or
48conscientious restraint or inhibition. It shall not be deemed a
49"barrier to remarriage" within the meaning of this subsection if
50the restraint or inhibition cannot be removed by the party's
51voluntary act. Nor shall it be deemed a "barrier to remarriage"
52if the party must incur expenses in connection with removal of
53the restraint or inhibition and the other party refuses to
54provide reasonable reimbursement for such expenses.
55     2.  "All steps solely within his or her power" does not
56include application to a marriage tribunal or other similar
57organization or agency of a religious denomination which has
58authority to annul or dissolve a marriage under the rules of
59such denomination.
60     (b)1.  Any party to a marriage subject to this subsection
61who commences a dissolution proceeding may allege in his or her
62verified complaint that:
63     a.  To the best of his or her knowledge, he or she has
64taken or will take, prior to the entry of final judgment, all
65steps solely within his or her power to remove any barrier to
66the defendant's remarriage following the dissolution and, as
67needed, following entry of final judgment will take any such
68steps that could not be taken beforehand; or
69     b.  The defendant has waived in writing the requirements of
70this paragraph.
71     2.  If the plaintiff complies with subparagraph 1., he or
72she may request that the defendant execute a written declaration
73that, to the best of his or her knowledge, he or she has taken
74or will take, prior to the entry of final judgment, all steps
75solely within his or her power to remove any barrier to the
76plaintiff's remarriage following the dissolution and, as needed,
77following entry of final judgment will take any such steps that
78could not be taken beforehand.
79     (c)1.  Any party to a marriage subject to this subsection
80against whom a dissolution is commenced may allege that:
81     a.  To the best of his or her knowledge, he or she has
82taken or will take, prior to the entry of final judgment, all
83steps solely within his or her power to remove any barrier to
84the plaintiff's remarriage following the dissolution and, as
85needed, following entry of final judgment will take any such
86steps that could not be taken beforehand; or
87     b.  The plaintiff has waived in writing the requirements of
88this paragraph.
89     2.  If the defendant complies with subparagraph 1., he or
90she may request that the plaintiff execute a written declaration
91that, to the best of his or her knowledge, he or she has taken
92or will take, prior to the entry of final judgment, all steps
93solely within his or her power to remove any barrier to the
94defendant's remarriage following the dissolution and, as needed,
95following entry of final judgment will take any such steps that
96could not be taken beforehand.
97     (d)  A writing attesting to any waiver of the requirements
98of paragraph (b) or paragraph (c) shall be filed with the court
99prior to the entry of a final judgment of dissolution.
100     (e)  Failure of a party to a dissolution subject to this
101subsection to comply with a request under subparagraph (b)2. or
102subparagraph (c)2. in the absence of a waiver by the opposing
103party or failure to honor the terms of a declaration made under
104paragraph (b) or paragraph (c) may be considered a factor in the
105distribution of assets and liabilities as provided in s. 61.075,
106an award of alimony as provided in s. 61.08, or modification of
107an award of alimony under s. 61.14.
108     (f)  Notwithstanding the filing of a party's sworn
109statement prescribed by subparagraph (b)1. or subparagraph
110(c)1., such subparagraph shall not be considered to have been
111complied with by that party if the member of the clergy who has
112solemnized the marriage certifies, in a sworn statement, that he
113or she has solemnized the marriage and that to his or her
114knowledge the party has failed to take all steps solely within
115his or her power to remove all barriers to the opposing party's
116remarriage following the dissolution, provided that the member
117of the clergy or minister is alive, available, and competent to
118testify at the time a court finds a failure to comply based on
119such statement.
120     (g)  Nothing in this subsection authorizes a court to
121inquire into or determine any ecclesiastical or religious issue.
122The truth of any statement submitted pursuant to this subsection
123shall not be the subject of any judicial inquiry, except as
124provided in paragraph (f).
125     Section 3.  Subsection (10) is added to section 61.075,
126Florida Statutes, to read:
127     61.075  Equitable distribution of marital assets and
128liabilities.--
129     (10)  A court may consider as an equitable factor in
130determining the distribution of assets and liabilities whether a
131party has complied with a request to make a declaration under s.
13261.052(9) to cooperate in removing any barrier to the other
133party's remarriage and, if such a declaration has been made,
134whether the party has complied with that declaration.
135     Section 4.  Paragraph (h) is added to subsection (2) of
136section 61.08, Florida Statutes, to read:
137     61.08  Alimony.--
138     (2)  In determining a proper award of alimony or
139maintenance, the court shall consider all relevant economic
140factors, including but not limited to:
141     (h)  A party's compliance with a request to make a
142declaration under s. 61.052(9) to cooperate in removing any
143barrier to the other party's remarriage and, if such a
144declaration has been made, the party's compliance with that
145declaration.
146
147The court may consider any other factor necessary to do equity
148and justice between the parties.
149     Section 5.  Paragraph (a) of subsection (1) of section
15061.14, Florida Statutes, is amended to read:
151     61.14  Enforcement and modification of support,
152maintenance, or alimony agreements or orders.--
153     (1)(a)  When the parties enter into an agreement for
154payments for, or instead of, support, maintenance, or alimony,
155whether in connection with a proceeding for dissolution or
156separate maintenance or with any voluntary property settlement,
157or when a party is required by court order to make any payments,
158and the circumstances or the financial ability of either party
159changes or the child who is a beneficiary of an agreement or
160court order as described herein reaches majority after the
161execution of the agreement or the rendition of the order, either
162party may apply to the circuit court of the circuit in which the
163parties, or either of them, resided at the date of the execution
164of the agreement or reside at the date of the application, or in
165which the agreement was executed or in which the order was
166rendered, for an order decreasing or increasing the amount of
167support, maintenance, or alimony, and the court has jurisdiction
168to make orders as equity requires, with due regard to the
169changed circumstances or the financial ability of the parties or
170the child, decreasing, increasing, or confirming the amount of
171separate support, maintenance, or alimony provided for in the
172agreement or order. A finding that medical insurance is
173reasonably available or the child support guidelines in s. 61.30
174may constitute changed circumstances. Except as otherwise
175provided in s. 61.30(11)(c), the court may modify an order of
176support, maintenance, or alimony by increasing or decreasing the
177support, maintenance, or alimony retroactively to the date of
178the filing of the action or supplemental action for modification
179as equity requires, giving due regard to the changed
180circumstances or the financial ability of the parties or the
181child. A finding that a party has failed to comply with a
182declaration made by that party under s. 61.052(9) to cooperate
183in removing any barrier to the other party's remarriage may
184constitute a changed circumstance regarding an award of alimony.
185     Section 6.  This act shall take effect July 1, 2007.


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