Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. SB 1416
723766
Senate
.
.
.
.
.
House
1
The Committee on Judiciary (Diaz de la Portilla) recommended the
2
following amendment:
3
4
Senate Amendment (with title amendment)
5
Between line(s) 34 and 35,
6
insert:
7
Section 2. Paragraph (b) of subsection (1) of section
8
61.14, Florida Statutes, is amended to read:
9
61.14 Enforcement and modification of support, maintenance,
10
or alimony agreements or orders.--
11
(1)
12
(b)1. The court may reduce or terminate an award of alimony
13
upon specific written findings by the court that since the
14
granting of a divorce and the award of alimony a supportive
15
relationship does exist or has existed between the obligee and a
16
person with whom the obligee resides. On the issue of whether
17
alimony should be reduced or terminated under this paragraph, the
18
burden is on the obligor to prove by a preponderance of the
19
evidence that a supportive relationship exists.
20
2. In determining whether an existing award of alimony
21
should be reduced or terminated because of an alleged supportive
22
relationship between an obligee and a person who is not related
23
by consanguinity or affinity and with whom the obligee resides,
24
the court shall elicit the nature and extent of the relationship
25
in question. The court shall give consideration, without
26
limitation, to circumstances, including, but not limited to, the
27
following, in determining the relationship of an obligee to
28
another person:
29
a. The extent to which the obligee and the other person
30
have held themselves out as a married couple by engaging in
31
conduct such as using the same last name, using a common mailing
32
address, referring to each other in terms such as "my husband" or
33
"my wife," or otherwise conducting themselves in a manner that
34
evidences a permanent supportive relationship.
35
b. The period of time that the obligee has resided with the
36
other person in a permanent place of abode.
37
c. The extent to which the obligee and the other person
38
have pooled their assets or income or otherwise exhibited
39
financial interdependence.
40
d. The extent to which the obligee or the other person has
41
supported the other, in whole or in part.
42
e. The extent to which the obligee or the other person has
43
performed valuable services for the other.
44
f. The extent to which the obligee or the other person has
45
performed valuable services for the other's company or employer.
46
g. Whether the obligee and the other person have worked
47
together to create or enhance anything of value.
48
h. Whether the obligee and the other person have jointly
49
contributed to the purchase of any real or personal property.
50
i. Evidence in support of a claim that the obligee and the
51
other person have an express agreement regarding property sharing
52
or support.
53
j. Evidence in support of a claim that the obligee and the
54
other person have an implied agreement regarding property sharing
55
or support.
56
k. Whether the obligee and the other person have provided
57
support to the children of one another, regardless of any legal
58
duty to do so.
59
3. This paragraph does not abrogate the requirement that
60
every marriage in this state be solemnized under a license, does
61
not recognize a common law marriage as valid, and does not
62
recognize a de facto marriage. This paragraph recognizes only
63
that relationships do exist that provide economic support
64
equivalent to a marriage and that alimony terminable on
65
remarriage may be reduced or terminated upon the establishment of
66
equivalent equitable circumstances as described in this
67
paragraph. The existence of a conjugal relationship, though it
68
may be relevant to the nature and extent of the relationship, is
69
not necessary for the application of the provisions of this
70
paragraph.
71
72
(Redesignate subsequent sections)
73
74
75
================ T I T L E A M E N D M E N T ================
76
And the title is amended as follows:
77
On line 7, after the semicolon,
78
insert:
79
80
amending s. 61.14, F.S.; allowing the court to reduce or
81
terminate an award of alimony upon certain findings;
4/18/2008 2:50:00 PM JU.36.07967
CODING: Words stricken are deletions; words underlined are additions.