| 1 | A bill to be entitled |
| 2 | An act relating to alimony; amending s. 61.08, F.S.; |
| 3 | permitting consideration of the existence of a supportive |
| 4 | relationship meeting specified criteria as a factor in |
| 5 | determining an award of alimony or maintenance; amending |
| 6 | s. 61.14, F.S.; allowing the court to reduce or terminate |
| 7 | an award of alimony upon certain findings; providing an |
| 8 | effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Paragraph (h) is added to subsection (2) of |
| 13 | section 61.08, Florida Statutes, to read: |
| 14 | 61.08 Alimony.-- |
| 15 | (2) In determining a proper award of alimony or |
| 16 | maintenance, the court shall consider all relevant economic |
| 17 | factors, including but not limited to: |
| 18 | (h) Whether a supportive relationship as set forth in s. |
| 19 | 61.14(1)(b)2. does exist or has existed between the obligee and |
| 20 | a person who is not related by consanguinity or affinity and |
| 21 | with whom the obligee resides. |
| 22 |
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| 23 | The court may consider any other factor necessary to do equity |
| 24 | and justice between the parties. |
| 25 | Section 2. Paragraph (b) of subsection (1) of section |
| 26 | 61.14, Florida Statutes, is amended to read: |
| 27 | 61.14 Enforcement and modification of support, |
| 28 | maintenance, or alimony agreements or orders.-- |
| 29 | (1) |
| 30 | (b)1. The court may reduce or terminate an award of |
| 31 | alimony upon specific written findings by the court that since |
| 32 | the granting of a divorce and the award of alimony a supportive |
| 33 | relationship does exist or has existed between the obligee and a |
| 34 | person with whom the obligee resides. On the issue of whether |
| 35 | alimony should be reduced or terminated under this paragraph, |
| 36 | the burden is on the obligor to prove by a preponderance of the |
| 37 | evidence that a supportive relationship exists. |
| 38 | 2. In determining whether an existing award of alimony |
| 39 | should be reduced or terminated because of an alleged supportive |
| 40 | relationship between an obligee and a person who is not related |
| 41 | by consanguinity or affinity and with whom the obligee resides, |
| 42 | the court shall elicit the nature and extent of the relationship |
| 43 | in question. The court shall give consideration, without |
| 44 | limitation, to circumstances, including, but not limited to, the |
| 45 | following, in determining the relationship of an obligee to |
| 46 | another person: |
| 47 | a. The extent to which the obligee and the other person |
| 48 | have held themselves out as a married couple by engaging in |
| 49 | conduct such as using the same last name, using a common mailing |
| 50 | address, referring to each other in terms such as "my husband" |
| 51 | or "my wife," or otherwise conducting themselves in a manner |
| 52 | that evidences a permanent supportive relationship. |
| 53 | b. The period of time that the obligee has resided with |
| 54 | the other person in a permanent place of abode. |
| 55 | c. The extent to which the obligee and the other person |
| 56 | have pooled their assets or income or otherwise exhibited |
| 57 | financial interdependence. |
| 58 | d. The extent to which the obligee or the other person has |
| 59 | supported the other, in whole or in part. |
| 60 | e. The extent to which the obligee or the other person has |
| 61 | performed valuable services for the other. |
| 62 | f. The extent to which the obligee or the other person has |
| 63 | performed valuable services for the other's company or employer. |
| 64 | g. Whether the obligee and the other person have worked |
| 65 | together to create or enhance anything of value. |
| 66 | h. Whether the obligee and the other person have jointly |
| 67 | contributed to the purchase of any real or personal property. |
| 68 | i. Evidence in support of a claim that the obligee and the |
| 69 | other person have an express agreement regarding property |
| 70 | sharing or support. |
| 71 | j. Evidence in support of a claim that the obligee and the |
| 72 | other person have an implied agreement regarding property |
| 73 | sharing or support. |
| 74 | k. Whether the obligee and the other person have provided |
| 75 | support to the children of one another, regardless of any legal |
| 76 | duty to do so. |
| 77 | 3. This paragraph does not abrogate the requirement that |
| 78 | every marriage in this state be solemnized under a license, does |
| 79 | not recognize a common law marriage as valid, and does not |
| 80 | recognize a de facto marriage. This paragraph recognizes only |
| 81 | that relationships do exist that provide economic support |
| 82 | equivalent to a marriage and that alimony terminable on |
| 83 | remarriage may be reduced or terminated upon the establishment |
| 84 | of equivalent equitable circumstances as described in this |
| 85 | paragraph. The existence of a conjugal relationship, though it |
| 86 | may be relevant to the nature and extent of the relationship, is |
| 87 | not necessary for the application of the provisions of this |
| 88 | paragraph. |
| 89 | Section 3. This act shall take effect July 1, 2008. |