Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. SB 1978 Barcode 655450 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/13/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Bogdanoff) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Present subsection (9) of section 61.08, Florida 6 Statutes, is renumbered as subsection (10), a new subsection (9) 7 is added to that section, and subsections (2), (7), and (8) of 8 that section are amended, to read: 9 61.08 Alimony.— 10 (2) In determining whether to award alimony or maintenance, 11 the court shall first make a specific factual determination as 12 to whether either party has an actual need for alimony or 13 maintenance and whether either party has the ability to pay 14 alimony or maintenance. If the court finds that a party has a 15 need for alimony or maintenance and that the other party has the 16 ability to pay alimony or maintenance, then in determining the 17 proper type and amount of alimony or maintenance under 18 subsections (5)-(8), the court shall consider all relevant 19 factors, including, but not limited to: 20 (a) The standard of living established during the marriage. 21 (b) The duration of the marriage. 22 (c) The age and the physical and emotional condition of 23 each party. 24 (d) The financial resources of each party, including the 25 nonmarital and the marital assets and liabilities distributed to 26 each. 27 (e) The earning capacities, educational levels, vocational 28 skills, and employability of the parties and, when applicable, 29 the time necessary for either party to acquire sufficient 30 education or training to enable such party to find appropriate 31 employment. 32 (f) The contribution of each party to the marriage, 33 including, but not limited to, services rendered in homemaking, 34 child care, education, and career building of the other party. 35 (g) The responsibilities each party will have with regard 36 to any minor children they have in common. 37 (h) The tax treatment and consequences to both parties of 38 any alimony award, including the designation of all or a portion 39 of the payment as a nontaxable, nondeductible payment. 40 (i) All sources of income available to either party, 41 including income available to either party through investments 42 of any asset held by that party. 43 (j) Any other factor necessary to do equity and justice 44 between the parties. 45 (7) Durational alimony may be awarded when permanent 46 periodic alimony is inappropriate. The purpose of durational 47 alimony is to provide a party with economic assistance for a set 48 period of time following a marriage of short or moderate 49 duration, or following a marriage of long duration if there is 50 no ongoing need for support on a permanent basis. An award of 51 durational alimony terminates upon the death of either party or 52 upon the remarriage of the party receiving alimony. The amount 53 of an award of durational alimony may be modified or terminated 54 based upon a substantial change in circumstances in accordance 55 with s. 61.14. However, the length of an award of durational 56 alimony may not be modified except under exceptional 57 circumstances and may not exceed the length of the marriage. 58 (8) Permanent alimony may be awarded to provide for the 59 needs and necessities of life as they were established during 60 the marriage of the parties for a party who lacks the financial 61 ability to meet his or her needs and necessities of life 62 following a dissolution of marriage. Permanent alimony may be 63 awarded following a marriage of long duration if such an award 64 is appropriate upon consideration of the factors set forth in 65 subsection (2), following a marriage of moderate duration if 66 such an award is appropriate based upon clear and convincing 67 evidence after consideration of the factors set forth in 68 subsection (2), or following a marriage of short duration if 69 there are written findings of exceptional circumstances. In 70 awarding permanent alimony, the court shall include a finding 71 that no other form of alimony is fair and reasonable under the 72 circumstances of the parties. An award of permanent alimony 73 terminates upon the death of either party or upon the remarriage 74 of the party receiving alimony. An award may be modified or 75 terminated based upon a substantial change in circumstances or 76 upon the existence of a supportive relationship in accordance 77 with s. 61.14. 78 (9) The award of alimony award may not leave the payor with 79 significantly less net income than the net income of the 80 recipient unless there are written findings of exceptional 81 circumstances. 82 Section 2. The amendments to s. 61.08, Florida Statutes, 83 made by this act apply to all initial awards of alimony entered 84 after July 1, 2011, and to all modifications of alimony of such 85 awards made after July 1, 2011. Such amendments may not serve as 86 a basis to modify awards entered before July 1, 2011, or as a 87 basis to change amounts or duration of awards existing before 88 July 1, 2011. The amendments to s. 61.08, Florida Statutes, made 89 by this act are applicable to all cases pending on or filed 90 after July 1, 2011. 91 Section 3. This act shall take effect July 1, 2011. 92 93 ================= T I T L E A M E N D M E N T ================ 94 And the title is amended as follows: 95 96 Delete everything before the enacting clause 97 and insert: 98 A bill to be entitled 99 An act relating to alimony; amending s. 61.08, F.S.; 100 revising provisions relating to factors to be 101 considered for alimony awards; revising provisions 102 relating to awards of durational alimony; revising 103 provisions relating to awards of permanent alimony; 104 providing that the award of alimony may not leave the 105 payor with significantly less net income than the net 106 income of the recipient unless there are written 107 findings of exceptional circumstances; providing for 108 applicability of the act; providing an effective date.