1

A bill to be entitled

2

An act relating to equitable distribution of marital

3

assets and liabilities; amending s. 61.046, F.S.; defining

4

the term "barrier to remarriage"; amending s. 61.075,

5

F.S.; authorizing the court to take into consideration the

6

failure or refusal of one spouse to remove a barrier to

7

the remarriage of the other spouse when considering the

8

equitable distribution of marital assets and liabilities;

9

providing an effective date.

10

11

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

12

13

     Section 1.  Present subsections (1) through (20) of section

14

61.046, Florida Statutes, are redesignated as subsections (2)

15

through (21), respectively, and a new subsection (1) is added to

16

that section, to read:

17

     61.046  Definitions.--As used in this chapter:

18

     (1) "Barrier to remarriage" means, without limitation and

19

not exclusively, any religious, secular, or conscientious

20

restraint or inhibition of which the spouse is aware, which is

21

imposed on the other spouse, and which exists by reason of the

22

spouse's commission or withholding of any voluntary act.

23

     Section 2.  Present paragraph (j) of subsection (1) of

24

section 61.075, Florida Statutes, is redesignated as paragraph

25

(k), and a new paragraph (j) is added to that subsection, to

26

read:

27

     61.075  Equitable distribution of marital assets and

28

liabilities.--

29

     (1)  In a proceeding for dissolution of marriage, in

30

addition to all other remedies available to a court to do equity

31

between the parties, or in a proceeding for disposition of assets

32

following a dissolution of marriage by a court which lacked

33

jurisdiction over the absent spouse or lacked jurisdiction to

34

dispose of the assets, the court shall set apart to each spouse

35

that spouse's nonmarital assets and liabilities, and in

36

distributing the marital assets and liabilities between the

37

parties, the court must begin with the premise that the

38

distribution should be equal, unless there is a justification for

39

an unequal distribution based on all relevant factors, including:

40

     (j) The failure or refusal of one spouse to remove a

41

barrier to the remarriage of the other spouse.

42

     Section 3.  This act shall take effect July 1, 2008.