CS/HB 453

A bill to be entitled
2An act relating to alimony; amending s. 61.08, F.S.;
3permitting consideration of the existence of a supportive
4relationship meeting specified criteria as a factor in
5determining an award of alimony or maintenance; amending
6s. 61.14, F.S.; allowing the court to reduce or terminate
7an award of alimony upon certain findings; providing an
8effective date.
10Be It Enacted by the Legislature of the State of Florida:
12     Section 1.  Paragraph (h) is added to subsection (2) of
13section 61.08, Florida Statutes, to read:
14     61.08  Alimony.--
15     (2)  In determining a proper award of alimony or
16maintenance, the court shall consider all relevant economic
17factors, including but not limited to:
18     (h)  Whether a supportive relationship as set forth in s.
1961.14(1)(b)2. does exist or has existed between the obligee and
20a person who is not related by consanguinity or affinity and
21with whom the obligee resides.
23The court may consider any other factor necessary to do equity
24and justice between the parties.
25     Section 2.  Paragraph (b) of subsection (1) of section
2661.14, Florida Statutes, is amended to read:
27     61.14  Enforcement and modification of support,
28maintenance, or alimony agreements or orders.--
29     (1)
30     (b)1.  The court may reduce or terminate an award of
31alimony upon specific written findings by the court that since
32the granting of a divorce and the award of alimony a supportive
33relationship does exist or has existed between the obligee and a
34person with whom the obligee resides. On the issue of whether
35alimony should be reduced or terminated under this paragraph,
36the burden is on the obligor to prove by a preponderance of the
37evidence that a supportive relationship exists.
38     2.  In determining whether an existing award of alimony
39should be reduced or terminated because of an alleged supportive
40relationship between an obligee and a person who is not related
41by consanguinity or affinity and with whom the obligee resides,
42the court shall elicit the nature and extent of the relationship
43in question. The court shall give consideration, without
44limitation, to circumstances, including, but not limited to, the
45following, in determining the relationship of an obligee to
46another person:
47     a.  The extent to which the obligee and the other person
48have held themselves out as a married couple by engaging in
49conduct such as using the same last name, using a common mailing
50address, referring to each other in terms such as "my husband"
51or "my wife," or otherwise conducting themselves in a manner
52that evidences a permanent supportive relationship.
53     b.  The period of time that the obligee has resided with
54the other person in a permanent place of abode.
55     c.  The extent to which the obligee and the other person
56have pooled their assets or income or otherwise exhibited
57financial interdependence.
58     d.  The extent to which the obligee or the other person has
59supported the other, in whole or in part.
60     e.  The extent to which the obligee or the other person has
61performed valuable services for the other.
62     f.  The extent to which the obligee or the other person has
63performed valuable services for the other's company or employer.
64     g.  Whether the obligee and the other person have worked
65together to create or enhance anything of value.
66     h.  Whether the obligee and the other person have jointly
67contributed to the purchase of any real or personal property.
68     i.  Evidence in support of a claim that the obligee and the
69other person have an express agreement regarding property
70sharing or support.
71     j.  Evidence in support of a claim that the obligee and the
72other person have an implied agreement regarding property
73sharing or support.
74     k.  Whether the obligee and the other person have provided
75support to the children of one another, regardless of any legal
76duty to do so.
77     3.  This paragraph does not abrogate the requirement that
78every marriage in this state be solemnized under a license, does
79not recognize a common law marriage as valid, and does not
80recognize a de facto marriage. This paragraph recognizes only
81that relationships do exist that provide economic support
82equivalent to a marriage and that alimony terminable on
83remarriage may be reduced or terminated upon the establishment
84of equivalent equitable circumstances as described in this
85paragraph. The existence of a conjugal relationship, though it
86may be relevant to the nature and extent of the relationship, is
87not necessary for the application of the provisions of this
89     Section 3.  This act shall take effect July 1, 2008.

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