Florida Senate - 2008 SB 1416

By Senator Diaz de la Portilla

36-02675-08 20081416__

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A bill to be entitled

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An act relating to alimony; amending s. 61.08, F.S.;

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requiring the court to consider and make a finding of fact

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concerning the existence of a supportive relationship

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between an obligee and a person who is not related by

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consanguinity or affinity and with whom the obligee

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resides when determining a proper award of alimony;

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providing an effective date.

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

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     Section 1.  Paragraph (h) is added to subsection (2) of

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section 61.08, Florida Statutes, and subsection (1) of that

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section is reenacted, to read:

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61.08  Alimony.--

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     (1)  In a proceeding for dissolution of marriage, the court

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may grant alimony to either party, which alimony may be

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rehabilitative or permanent in nature. In any award of alimony,

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the court may order periodic payments or payments in lump sum or

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both. The court may consider the adultery of either spouse and

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the circumstances thereof in determining the amount of alimony,

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if any, to be awarded. In all dissolution actions, the court

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shall include findings of fact relative to the factors enumerated

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in subsection (2) supporting an award or denial of alimony.

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     (2)  In determining a proper award of alimony or

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maintenance, the court shall consider all relevant economic

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factors, including but not limited to:

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     (h) The existence of a supportive relationship between an

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obligee and a person who is not related by consanguinity or

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affinity and with whom the obligee resides as set forth in s.

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61.14(1)(b)2.

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The court may consider any other factor necessary to do equity

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and justice between the parties.

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     Section 2.  This act shall take effect July 1, 2008.

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