1 | A bill to be entitled |
2 | An act relating to alimony; amending s. 61.08, F.S.; |
3 | revising provisions relating to factors to be considered |
4 | for alimony awards; revising provisions relating to awards |
5 | of permanent alimony; providing that an alimony award may |
6 | not result in the party receiving the award enjoying a |
7 | standard of living that is greater than that of the party |
8 | paying alimony unless there are written findings of |
9 | exceptional circumstances; providing applicability for |
10 | amendments by the act; revising provisions relating to |
11 | applicability of certain amendments made in ch. 2010-199, |
12 | Laws of Florida, to delete language declaring those |
13 | amendments inapplicable to modification of awards made |
14 | before the effective date of that act and applying those |
15 | amendments to modifications of such awards; providing for |
16 | retroactive effect; providing effective dates. |
17 |
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18 | Be It Enacted by the Legislature of the State of Florida: |
19 |
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20 | Section 1. Subsection (9) of section 61.08, Florida |
21 | Statutes, is renumbered as subsection (10), a new subsection (9) |
22 | is added to that section, and subsections (2), (7), and (8) of |
23 | that section are amended, to read: |
24 | 61.08 Alimony.- |
25 | (2) In determining whether to award alimony or |
26 | maintenance, the court shall first make a specific factual |
27 | determination as to whether either party has an actual need for |
28 | alimony or maintenance and whether either party has the ability |
29 | to pay alimony or maintenance. If the court finds that a party |
30 | has a need for alimony or maintenance and that the other party |
31 | has the ability to pay alimony or maintenance, then in |
32 | determining the proper type and amount of alimony or maintenance |
33 | under subsections (5)-(8), the court shall consider all relevant |
34 | factors, including, but not limited to: |
35 | (a) The standard of living established during the |
36 | marriage. |
37 | (b) The duration of the marriage. |
38 | (c) The age and the physical and emotional condition of |
39 | each party. |
40 | (d) The financial resources of each party, including the |
41 | nonmarital and the marital assets and liabilities distributed to |
42 | each. |
43 | (e) The earning capacities, educational levels, vocational |
44 | skills, and employability of the parties and, when applicable, |
45 | the time necessary for either party to acquire sufficient |
46 | education or training to enable such party to find appropriate |
47 | employment. |
48 | (f) The contribution of each party to the marriage, |
49 | including, but not limited to, services rendered in homemaking, |
50 | child care, education, and career building of the other party. |
51 | (g) The responsibilities each party will have with regard |
52 | to any minor children they have in common. |
53 | (h) The tax treatment and consequences to both parties of |
54 | any alimony award, including the designation of all or a portion |
55 | of the payment as a nontaxable, nondeductible payment. |
56 | (i) All sources of income available to either party, |
57 | including income available to either party through investments |
58 | of any asset held by that party. |
59 | (j) Any other factor necessary to do equity and justice |
60 | between the parties. |
61 | (7) Durational alimony may be awarded when permanent |
62 | periodic alimony is inappropriate. The purpose of durational |
63 | alimony is to provide a party with economic assistance for a set |
64 | period of time following a marriage of short or moderate |
65 | duration. An award of durational alimony terminates upon the |
66 | death of either party or upon the remarriage of the party |
67 | receiving alimony. The amount of an award of durational alimony |
68 | may be modified or terminated based upon a substantial change in |
69 | circumstances in accordance with s. 61.14. However, the length |
70 | of an award of durational alimony may not be modified except |
71 | under exceptional circumstances and may not exceed the length of |
72 | the marriage. |
73 | (8) Permanent alimony may be awarded to provide for the |
74 | needs and necessities of life as they were established during |
75 | the marriage of the parties for a party who lacks the financial |
76 | ability to meet his or her needs and necessities of life |
77 | following a dissolution of marriage. Permanent alimony may be |
78 | awarded following a marriage of moderate or long duration, |
79 | following a marriage of moderate duration if such an award is |
80 | appropriate upon consideration of the factors set forth in |
81 | subsection (2), or following a marriage of short duration if |
82 | there are written findings of exceptional circumstances. In |
83 | awarding permanent alimony, the court shall include findings |
84 | regarding the applicability of the needs and necessities of life |
85 | established during the marriage to the alimony award and shall |
86 | include findings that no other form of alimony, including, but |
87 | not limited to, durational alimony, is adequate. An award of |
88 | permanent alimony terminates upon the death of either party or |
89 | upon the remarriage of the party receiving alimony. An award may |
90 | be modified or terminated based upon a substantial change in |
91 | circumstances or upon the existence of a supportive relationship |
92 | in accordance with s. 61.14. |
93 | (9) An alimony award may not result in the party receiving |
94 | the award enjoying a standard of living that is greater than |
95 | that of the party paying alimony unless there are written |
96 | findings of exceptional circumstances. |
97 | Section 2. The amendments to s. 61.08, Florida Statutes, |
98 | by this act apply to all initial awards of alimony entered on or |
99 | after July 1, 2011, and to all modifications of alimony awards |
100 | for marriages of short or moderate duration made on or after |
101 | July 1, 2011. |
102 | Section 3. Effective upon this act becoming a law and |
103 | retroactive to July 1, 2010, section 2 of chapter 2010-199, Laws |
104 | of Florida, is amended to read: |
105 | Section 2. The amendments to s. 61.08, Florida Statutes, |
106 | by this act apply to all initial awards of alimony entered after |
107 | July 1, 2010, and to all modifications of alimony such awards |
108 | made after July 1, 2010. Such amendments may not serve as a |
109 | basis to modify awards entered before July 1, 2010, or as a |
110 | basis to change amounts or duration of awards existing before |
111 | July 1, 2010. The amendments to s. 61.08, Florida Statutes, by |
112 | this act are applicable to all cases pending on or filed after |
113 | July 1, 2010. |
114 | Section 4. Except as otherwise expressly provided in this |
115 | act and except for this section, which shall take effect upon |
116 | this act becoming a law, this act shall take effect July 1, |
117 | 2011. |