Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 718
       
       
       
       
       
       
                                Barcode 203644                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             03/27/2013 05:24 PM       .                                
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       Senator Stargel moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 345 - 372
    4  and insert:
    5         (8)(a) There is a rebuttable presumption against awarding
    6  alimony for a short-term marriage. A party seeking bridge-the
    7  gap or rehabilitative alimony may overcome this presumption by
    8  demonstrating by a preponderance of the evidence a need for
    9  alimony. A party seeking durational alimony may overcome this
   10  presumption by demonstrating by clear and convincing evidence a
   11  need for alimony. If the court finds that the party has met its
   12  burden in demonstrating a need for alimony and that the other
   13  party has the ability to pay alimony, the court shall determine
   14  a monthly award of alimony which may not exceed 20 percent of
   15  the obligor’s gross monthly income, as calculated under s.
   16  61.30(2)(a), with the exception that gross income does not
   17  include, consistent with paragraph (3)(h), sources of income
   18  acquired outside of the marriage which were not relied upon
   19  during the marriage.
   20         (b) There is no presumption in favor of either party to an
   21  award of alimony for a mid-term marriage. A party seeking such
   22  alimony must prove by a preponderance of the evidence a need for
   23  alimony. If the court finds that the party has met its burden in
   24  demonstrating a need for alimony and that the other party has
   25  the ability to pay alimony, the court shall determine a monthly
   26  alimony obligation that may not exceed 30 percent of the
   27  obligor’s gross monthly income, as calculated under s.
   28  61.30(2)(a), with the exception that gross income does not
   29  include, consistent with paragraph (3)(h), sources of income
   30  acquired outside of the marriage which were not relied upon
   31  during the marriage.
   32         (c) There is a rebuttable presumption in favor of awarding
   33  alimony for a long-term marriage. A party against whom alimony
   34  is sought may overcome this presumption by demonstrating by
   35  clear and convincing evidence that there is no need for alimony.
   36  If the court finds that the party against whom alimony is sought
   37  fails to meet its burden to demonstrate that there is no need
   38  for alimony and that the party has the ability to pay alimony,
   39  the court shall determine a monthly alimony obligation that may
   40  not exceed 33 percent of the obligor’s gross monthly income, as
   41  calculated under s. 61.30(2)(a), with the exception that gross
   42  income does not include, consistent with paragraph (3)(h),
   43  sources of income acquired outside of the marriage which were
   44  not relied upon during the marriage.