1 | A bill to be entitled |
2 | An act relating to alimony; amending s. 61.08, F.S.; |
3 | allowing for award of more than one type of alimony; |
4 | revising factors to be considered in whether to award |
5 | alimony or maintenance; providing for award of bridge-the- |
6 | gap alimony; providing that such an award is not |
7 | modifiable; providing for award of rehabilitative alimony |
8 | in certain circumstances; providing for modification or |
9 | termination of such an award; providing for award of |
10 | durational alimony in certain circumstances; providing for |
11 | modification or termination of such an award; providing |
12 | for award of permanent alimony in certain circumstances; |
13 | providing for modification or termination of such an |
14 | award; providing an effective date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. Section 61.08, Florida Statutes, is amended to |
19 | read: |
20 | 61.08 Alimony.-- |
21 | (1) In a proceeding for dissolution of marriage, the court |
22 | may grant alimony to either party, which alimony may be bridge- |
23 | the-gap, rehabilitative, durational, or permanent in nature or |
24 | any combination of these forms of alimony. In any award of |
25 | alimony, the court may order periodic payments or payments in |
26 | lump sum or both. The court may consider the adultery of either |
27 | spouse and the circumstances thereof in determining the amount |
28 | of alimony, if any, to be awarded. In all dissolution actions, |
29 | the court shall include findings of fact relative to the factors |
30 | enumerated in subsection (2) supporting an award or denial of |
31 | alimony. |
32 | (2) In determining whether to a proper award of alimony or |
33 | maintenance, the court shall first make a specific factual |
34 | determination as to whether either party has an actual need for |
35 | alimony or maintenance and whether either party has the ability |
36 | to pay alimony or maintenance. If the court finds that a party |
37 | has a need for alimony or maintenance and that the other party |
38 | has the ability to pay alimony or maintenance, then in |
39 | determining the proper type and amount of alimony or |
40 | maintenance, the court shall consider all relevant economic |
41 | factors, including, but not limited to: |
42 | (a) The standard of living established during the |
43 | marriage. |
44 | (b) The duration of the marriage. |
45 | (c) The age and the physical and emotional condition of |
46 | each party. |
47 | (d) The financial resources of each party, including the |
48 | nonmarital and the marital assets and liabilities distributed to |
49 | each. |
50 | (e) The earning capacities, educational levels, vocational |
51 | skills, and employability of the parties and, when applicable, |
52 | the time necessary for either party to acquire sufficient |
53 | education or training to enable such party to find appropriate |
54 | employment. |
55 | (f) The contribution of each party to the marriage, |
56 | including, but not limited to, services rendered in homemaking, |
57 | child care, education, and career building of the other party. |
58 | (g) The responsibilities each party will have with regard |
59 | to any minor children they have in common. |
60 | (h) The tax treatment and consequences to both parties of |
61 | any alimony award, including the designation of all or a portion |
62 | of the payment as a nontaxable, nondeductible payment. |
63 | (i)(g) All sources of income available to either party, |
64 | including income available to either party through investments |
65 | of any asset held by that party. |
66 |
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67 | (j) The court may consider Any other factor necessary to |
68 | do equity and justice between the parties. |
69 | (3) To the extent necessary to protect an award of |
70 | alimony, the court may order any party who is ordered to pay |
71 | alimony to purchase or maintain a life insurance policy or a |
72 | bond, or to otherwise secure such alimony award with any other |
73 | assets which may be suitable for that purpose. |
74 | (4) Bridge-the-gap alimony may be awarded to assist a |
75 | party by providing support to allow the party to make a |
76 | transition from being married to being single. Bridge-the-gap |
77 | alimony is designed to assist a party with legitimate |
78 | identifiable short-term needs. An award of bridge-the-gap |
79 | alimony terminates upon the death of either party or upon the |
80 | remarriage of the party receiving alimony. An award of bridge- |
81 | the-gap alimony shall not be modifiable in amount or duration. |
82 | (5)(a) Rehabilitative alimony may be awarded to assist a |
83 | party in establishing the capacity for self-support through |
84 | either: |
85 | 1. The redevelopment of previous skills or credentials; or |
86 | 2. The acquisition of education, training, or work |
87 | experience necessary to develop appropriate employment skills or |
88 | credentials. |
89 | (b) In order to award rehabilitative alimony, there must |
90 | be a specific and defined rehabilitative plan which shall be |
91 | included as a part of any order awarding rehabilitative alimony. |
92 | (c) An award of rehabilitative alimony may be modified or |
93 | terminated in accordance with s. 61.14 based upon a substantial |
94 | change in circumstances, upon noncompliance with the |
95 | rehabilitative plan, or upon completion of the rehabilitative |
96 | plan. |
97 | (6) Durational alimony may be awarded when permanent |
98 | periodic alimony is inappropriate. The purpose of durational |
99 | alimony is to provide a party with economic assistance for a set |
100 | period of time following a marriage of short or moderate |
101 | duration. An award of durational alimony terminates upon the |
102 | death of either party or upon the remarriage of the party |
103 | receiving alimony. The amount of an award of durational alimony |
104 | may be modified or terminated based upon a substantial change in |
105 | circumstances in accordance with s. 61.14. However, the length |
106 | of an award of durational alimony may not be modified except |
107 | under exceptional circumstances. |
108 | (7) Permanent alimony may be awarded to provide for the |
109 | needs and necessities of life as they were established during |
110 | the marriage of the parties for a party who lacks the financial |
111 | ability to meet his or her needs and necessities of life |
112 | following a dissolution of marriage. Permanent alimony may be |
113 | awarded following a marriage of long duration, following a |
114 | marriage of moderate duration if such an award is appropriate |
115 | upon consideration of the factors set forth in subsection (2), |
116 | or following a marriage of short duration if there are |
117 | exceptional circumstances. An award of permanent alimony |
118 | terminates upon the death of either party or upon the remarriage |
119 | of the party receiving alimony. An award may be modified or |
120 | terminated based upon a substantial change in circumstances or |
121 | upon the existence of a supportive relationship in accordance |
122 | with s. 61.14. |
123 | (8)(4)(a) With respect to any order requiring the payment |
124 | of alimony entered on or after January 1, 1985, unless the |
125 | provisions of paragraph (c) or paragraph (d) apply, the court |
126 | shall direct in the order that the payments of alimony be made |
127 | through the appropriate depository as provided in s. 61.181. |
128 | (b) With respect to any order requiring the payment of |
129 | alimony entered before January 1, 1985, upon the subsequent |
130 | appearance, on or after that date, of one or both parties before |
131 | the court having jurisdiction for the purpose of modifying or |
132 | enforcing the order or in any other proceeding related to the |
133 | order, or upon the application of either party, unless the |
134 | provisions of paragraph (c) or paragraph (d) apply, the court |
135 | shall modify the terms of the order as necessary to direct that |
136 | payments of alimony be made through the appropriate depository |
137 | as provided in s. 61.181. |
138 | (c) If there is no minor child, alimony payments need not |
139 | be directed through the depository. |
140 | (d)1. If there is a minor child of the parties and both |
141 | parties so request, the court may order that alimony payments |
142 | need not be directed through the depository. In this case, the |
143 | order of support shall provide, or be deemed to provide, that |
144 | either party may subsequently apply to the depository to require |
145 | that payments be made through the depository. The court shall |
146 | provide a copy of the order to the depository. |
147 | 2. If the provisions of subparagraph 1. apply, either |
148 | party may subsequently file with the depository an affidavit |
149 | alleging default or arrearages in payment and stating that the |
150 | party wishes to initiate participation in the depository |
151 | program. The party shall provide copies of the affidavit to the |
152 | court and the other party or parties. Fifteen days after receipt |
153 | of the affidavit, the depository shall notify all parties that |
154 | future payments shall be directed to the depository. |
155 | 3. In IV-D cases, the IV-D agency shall have the same |
156 | rights as the obligee in requesting that payments be made |
157 | through the depository. |
158 | Section 2. This act shall take effect July 1, 2010. |