HB 277

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


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