| 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 for a limited period; providing that such an |
| 7 | award is not modifiable; providing for award of |
| 8 | rehabilitative alimony in certain circumstances; providing |
| 9 | for modification or termination of such an award; |
| 10 | providing for award of durational alimony in certain |
| 11 | circumstances; providing for modification or termination |
| 12 | of such an award; providing for award of permanent alimony |
| 13 | in certain circumstances; providing for modification or |
| 14 | termination of such an 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, and the length of an award may |
| 79 | not exceed 2 years. An award of bridge-the-gap alimony |
| 80 | terminates upon the death of either party or upon the remarriage |
| 81 | of the party receiving alimony. An award of bridge-the-gap |
| 82 | alimony shall not be modifiable in amount or duration. |
| 83 | (5)(a) Rehabilitative alimony may be awarded to assist a |
| 84 | party in establishing the capacity for self-support through |
| 85 | either: |
| 86 | 1. The redevelopment of previous skills or credentials; or |
| 87 | 2. The acquisition of education, training, or work |
| 88 | experience necessary to develop appropriate employment skills or |
| 89 | credentials. |
| 90 | (b) In order to award rehabilitative alimony, there must |
| 91 | be a specific and defined rehabilitative plan which shall be |
| 92 | included as a part of any order awarding rehabilitative alimony. |
| 93 | (c) An award of rehabilitative alimony may be modified or |
| 94 | terminated in accordance with s. 61.14 based upon a substantial |
| 95 | change in circumstances, upon noncompliance with the |
| 96 | rehabilitative plan, or upon completion of the rehabilitative |
| 97 | plan. |
| 98 | (6) Durational alimony may be awarded when permanent |
| 99 | periodic alimony is inappropriate. The purpose of durational |
| 100 | alimony is to provide a party with economic assistance for a set |
| 101 | period of time following a marriage of short or moderate |
| 102 | duration. An award of durational alimony terminates upon the |
| 103 | death of either party or upon the remarriage of the party |
| 104 | receiving alimony. The amount of an award of durational alimony |
| 105 | may be modified or terminated based upon a substantial change in |
| 106 | circumstances in accordance with s. 61.14. However, the length |
| 107 | of an award of durational alimony may not be modified except |
| 108 | under exceptional circumstances. |
| 109 | (7) Permanent alimony may be awarded to provide for the |
| 110 | needs and necessities of life as they were established during |
| 111 | the marriage of the parties for a party who lacks the financial |
| 112 | ability to meet his or her needs and necessities of life |
| 113 | following a dissolution of marriage. Permanent alimony may be |
| 114 | awarded following a marriage of long duration, following a |
| 115 | marriage of moderate duration if such an award is appropriate |
| 116 | upon consideration of the factors set forth in subsection (2), |
| 117 | or following a marriage of short duration if there are |
| 118 | exceptional circumstances. An award of permanent alimony |
| 119 | terminates upon the death of either party or upon the remarriage |
| 120 | of the party receiving alimony. An award may be modified or |
| 121 | terminated based upon a substantial change in circumstances or |
| 122 | upon the existence of a supportive relationship in accordance |
| 123 | with s. 61.14. |
| 124 | (8)(4)(a) With respect to any order requiring the payment |
| 125 | of alimony entered on or after January 1, 1985, unless the |
| 126 | provisions of paragraph (c) or paragraph (d) apply, the court |
| 127 | shall direct in the order that the payments of alimony be made |
| 128 | through the appropriate depository as provided in s. 61.181. |
| 129 | (b) With respect to any order requiring the payment of |
| 130 | alimony entered before January 1, 1985, upon the subsequent |
| 131 | appearance, on or after that date, of one or both parties before |
| 132 | the court having jurisdiction for the purpose of modifying or |
| 133 | enforcing the order or in any other proceeding related to the |
| 134 | order, or upon the application of either party, unless the |
| 135 | provisions of paragraph (c) or paragraph (d) apply, the court |
| 136 | shall modify the terms of the order as necessary to direct that |
| 137 | payments of alimony be made through the appropriate depository |
| 138 | as provided in s. 61.181. |
| 139 | (c) If there is no minor child, alimony payments need not |
| 140 | be directed through the depository. |
| 141 | (d)1. If there is a minor child of the parties and both |
| 142 | parties so request, the court may order that alimony payments |
| 143 | need not be directed through the depository. In this case, the |
| 144 | order of support shall provide, or be deemed to provide, that |
| 145 | either party may subsequently apply to the depository to require |
| 146 | that payments be made through the depository. The court shall |
| 147 | provide a copy of the order to the depository. |
| 148 | 2. If the provisions of subparagraph 1. apply, either |
| 149 | party may subsequently file with the depository an affidavit |
| 150 | alleging default or arrearages in payment and stating that the |
| 151 | party wishes to initiate participation in the depository |
| 152 | program. The party shall provide copies of the affidavit to the |
| 153 | court and the other party or parties. Fifteen days after receipt |
| 154 | of the affidavit, the depository shall notify all parties that |
| 155 | future payments shall be directed to the depository. |
| 156 | 3. In IV-D cases, the IV-D agency shall have the same |
| 157 | rights as the obligee in requesting that payments be made |
| 158 | through the depository. |
| 159 | Section 2. This act shall take effect July 1, 2010. |