Florida Senate - 2021                             CS for SB 1922
       
       
        
       By the Committee on Judiciary; and Senators Gruters and Hooper
       
       
       
       
       
       590-03555-21                                          20211922c1
    1                        A bill to be entitled                      
    2         An act relating to dissolution of marriage; amending
    3         s. 61.046, F.S.; revising the definition of the term
    4         “income”; amending s. 61.08, F.S.; defining terms;
    5         requiring the court to prioritize certain forms of
    6         alimony; authorizing the court to grant permanent
    7         alimony under certain circumstances; requiring the
    8         court to make certain written findings in its awards
    9         of alimony; prohibiting the court from denying or
   10         granting an award of alimony solely on the basis of
   11         adultery, with an exception; revising factors that the
   12         court must consider in determining the proper type and
   13         amount of alimony; authorizing a party to whom the
   14         court has awarded alimony to purchase or maintain a
   15         life insurance policy on the obligor’s life to protect
   16         an award of alimony; requiring the obligor to
   17         cooperate in the process of securing the life
   18         insurance; deleting certain rebuttable presumptions
   19         related to the duration of a marriage for purposes of
   20         determining alimony; prohibiting an award of
   21         rehabilitative alimony from exceeding specified
   22         timeframes; revising a provision authorizing the
   23         modification of rehabilitative alimony upon completion
   24         of the rehabilitative plan to include a certain
   25         timeframe; revising provisions related to durational
   26         alimony; prohibiting the length of an award of
   27         durational alimony from exceeding a specified
   28         timeframe; specifying what constitutes the length of a
   29         marriage for the purpose of determining durational
   30         alimony; requiring the court to make certain written
   31         findings when awarding durational alimony; providing a
   32         formula for the calculation of durational alimony;
   33         providing that a party who has reached retirement age
   34         in accordance with specified provisions may not be
   35         ordered to pay alimony; providing an exception;
   36         establishing that alimony may not be awarded to a
   37         party who has a certain monthly net income;
   38         prohibiting social security retirement benefits from
   39         being imputed to the obligor, with an exception;
   40         requiring an obligee to meet certain requirements if
   41         he or she alleges that a physical disability has
   42         impaired his or her ability to earn the imputed
   43         income; requiring the court to consider certain
   44         payments made to the obligee when determining the
   45         amount and length of rehabilitative or durational
   46         alimony; providing applicability; amending s. 61.13,
   47         F.S.; creating a presumption that equal time-sharing
   48         is in the best interests of a child, with an
   49         exception; providing applicability; deleting a
   50         provision related to the development of a parenting
   51         plan; amending s. 61.14, F.S.; authorizing the court
   52         to order an obligee to reimburse alimony payments to
   53         the obligor under certain circumstances; specifying a
   54         timeframe for the court to consider a supportive
   55         relationship between the obligee and another person
   56         for purposes of reducing or terminating an award of
   57         alimony or ordering reimbursement of alimony payments;
   58         revising factors the court may consider when
   59         determining whether a supportive relationship exists
   60         or existed between the obligee and another person;
   61         providing that an obligor’s subsequent remarriage or
   62         cohabitation is not a basis for modification of
   63         alimony; providing that the income and assets of the
   64         obligor’s subsequent spouse are irrelevant to an
   65         action for modification of alimony; requiring an
   66         alimony obligation to terminate upon the obligor
   67         reaching full retirement age; providing an exception;
   68         authorizing the court to terminate an alimony
   69         obligation if the obligor retires at a reasonable age
   70         for his or her profession or line of work; requiring
   71         the court to consider certain factors in determining
   72         whether the obligor’s retirement age is reasonable;
   73         authorizing an obligor to prospectively file a
   74         petition for modification or termination of alimony,
   75         effective upon his or her retirement; requiring a
   76         court to modify or terminate an alimony award upon
   77         retirement of the obligor, with an exception;
   78         providing that certain benefits of the obligee
   79         constitute a change in circumstance for which an
   80         obligor may seek modification of an alimony award;
   81         providing that certain agreements on alimony payments
   82         are considered expressly modifiable or eligible for
   83         termination under certain circumstances; providing
   84         applicability; amending s. 61.19, F.S.; requiring the
   85         court to grant a final judgment of dissolution of
   86         marriage and reserve jurisdiction to adjudicate other
   87         substantive issues, under certain circumstances;
   88         providing for temporary orders necessary to protect
   89         the parties and their children, if any; providing that
   90         such temporary orders are effective until all other
   91         issues are adjudicated by the court; providing
   92         applicability; providing an effective date.
   93          
   94  Be It Enacted by the Legislature of the State of Florida:
   95  
   96         Section 1. Subsection (8) of section 61.046, Florida
   97  Statutes, is amended to read:
   98         61.046 Definitions.—As used in this chapter, the term:
   99         (8) “Income” means any form of payment to an individual,
  100  regardless of source, including, but not limited to: wages,
  101  salary, commissions and bonuses, compensation as an independent
  102  contractor, worker’s compensation, disability benefits, annuity
  103  and retirement benefits, pensions, dividends, interest,
  104  royalties, trusts, and any other payments, made by any person,
  105  private entity, federal or state government, or any unit of
  106  local government. United States Department of Veterans Affairs
  107  disability benefits and reemployment assistance or unemployment
  108  compensation, as defined in chapter 443, are excluded from this
  109  definition of income except for purposes of establishing an
  110  amount of child support.
  111         Section 2. Section 61.08, Florida Statutes, is amended to
  112  read:
  113         61.08 Alimony.—
  114         (1)As used in this section, the term:
  115         (a)“Alimony” means a court-ordered or voluntary payment of
  116  support by one spouse to the other spouse. The term includes any
  117  voluntary payment made after the date of filing of an order for
  118  maintenance, spousal support, temporary support, or separate
  119  support when the payment is not intended for the benefit of a
  120  child in common.
  121         (b)“Gross income” means gross income as determined in
  122  accordance with s. 61.30.
  123         (c)“Net income” means income that is determined by
  124  subtracting allowable deductions from gross income. For purposes
  125  of this section, allowable deductions include any of the
  126  following:
  127         1.Federal, state, or local income tax deductions, adjusted
  128  for actual filing status and allowable dependents and income tax
  129  liabilities.
  130         2.Federal insurance contributions or self-employment tax.
  131         3.Mandatory union dues.
  132         4.Mandatory retirement payments.
  133         5.Health insurance payments, excluding payments for
  134  coverage of a minor child.
  135         6.Court-ordered support for other children which is
  136  actually paid.
  137         7.Spousal support paid pursuant to a court order from a
  138  previous marriage.
  139         (2)(a)(1) In a proceeding for dissolution of marriage, the
  140  court may grant alimony to either party in the form of, which
  141  alimony may be bridge-the-gap, rehabilitative, or durational
  142  alimony, or a permanent in nature or any combination of these
  143  forms of alimony, but shall prioritize an award of bridge-the
  144  gap alimony, followed by rehabilitative alimony, over any other
  145  form of alimony. The court may grant permanent alimony only if
  146  the parties enter into an agreement for permanent alimony. In an
  147  any award of alimony, the court may order periodic payments, or
  148  payments in lump sum, or both.
  149         (b)The court shall make written findings regarding the
  150  basis for awarding a combination of forms of alimony, including
  151  the type of alimony and the length of time for which the alimony
  152  is awarded. The court may award a combination of forms of
  153  alimony only to provide greater economic assistance in order to
  154  allow the recipient to achieve rehabilitation.
  155         (c) The court may consider the adultery of either spouse
  156  and the circumstances thereof in determining the amount of
  157  alimony, if any, to be awarded. However, the adultery of a
  158  spouse may not be the court’s sole basis for denying a request
  159  for alimony or awarding alimony, unless the adultery contributed
  160  to a depletion of marital assets. In all dissolution actions,
  161  the court shall include written findings of fact relative to the
  162  factors provided enumerated in subsection (3) (2) supporting the
  163  an award or denial of alimony.
  164         (3)(2) In determining whether to award alimony or
  165  maintenance, the court shall first make a specific, written
  166  factual determination as to whether the other either party has
  167  an actual need for alimony or maintenance and whether the other
  168  either party has the ability to pay alimony or maintenance. If
  169  the court finds that the a party seeking alimony has a need for
  170  alimony or maintenance and that the other party has the ability
  171  to pay alimony or maintenance, then in determining the proper
  172  type and amount of alimony or maintenance under subsections (5),
  173  (6), and (7) (5)-(8), the court shall consider all relevant
  174  factors, including, but not limited to:
  175         (a) The standard of living established during the marriage,
  176  including the needs and necessities of life for each party after
  177  the dissolution of marriage, taking into consideration the
  178  presumption that both parties will have a lower standard of
  179  living after the dissolution of marriage than the standard of
  180  living they enjoyed during the marriage. This presumption may be
  181  overcome by a preponderance of the evidence.
  182         (b) The duration of the marriage.
  183         (c) The age and the physical and emotional condition of
  184  each party.
  185         (d) The financial resources of each party, including the
  186  nonmarital and the marital assets and liabilities distributed to
  187  each.
  188         (e) The earning capacities, educational levels, vocational
  189  skills, and employability of the parties and, when applicable,
  190  the time necessary for either party to acquire sufficient
  191  education or training to enable such party to find appropriate
  192  employment.
  193         (f) The contribution of each party to the marriage,
  194  including, but not limited to, services rendered in homemaking,
  195  child care, education, and career building of either the other
  196  party.
  197         (g) The responsibilities each party will have with regard
  198  to any minor children whom the parties they have in common.
  199         (h) The tax treatment and consequences to both parties of
  200  an any alimony award, including the designation of all or a
  201  portion of the payment as a nontaxable, nondeductible payment.
  202         (i) All sources of income available to either party,
  203  including income available to either party through investments
  204  of any asset held by that party.
  205         (j) Any other factor necessary for to do equity and justice
  206  between the parties if such factor is specifically identified in
  207  the award with findings of fact justifying the application of
  208  such factor.
  209         (4)(3) To the extent necessary to protect an award of
  210  alimony, the obligee may court may order any party who is
  211  ordered to pay alimony to purchase or maintain a life insurance
  212  policy on the obligor’s life in an amount adequate to or a bond,
  213  or to otherwise secure such alimony award with any other assets
  214  which may be suitable for that purpose. If the obligee purchases
  215  a life insurance policy, the obligor shall cooperate in the
  216  process of procuring the issuance and underwriting of the life
  217  insurance policy.
  218         (4)For purposes of determining alimony, there is a
  219  rebuttable presumption that a short-term marriage is a marriage
  220  having a duration of less than 7 years, a moderate-term marriage
  221  is a marriage having a duration of greater than 7 years but less
  222  than 17 years, and long-term marriage is a marriage having a
  223  duration of 17 years or greater. The length of a marriage is the
  224  period of time from the date of marriage until the date of
  225  filing of an action for dissolution of marriage.
  226         (5) Bridge-the-gap alimony may be awarded to assist a party
  227  by providing support to allow the party to make a transition
  228  from being married to being single. Bridge-the-gap alimony is
  229  designed to assist a party with legitimate identifiable short
  230  term needs, and the length of an award of bridge-the-gap alimony
  231  may not exceed 2 years. An award of bridge-the-gap alimony
  232  terminates upon the death of either party or upon the remarriage
  233  of the party receiving alimony. An award of bridge-the-gap
  234  alimony is shall not be modifiable in amount or duration.
  235         (6)(a) Rehabilitative alimony may be awarded to assist a
  236  party in establishing the capacity for self-support through
  237  either:
  238         1. The redevelopment of previous skills or credentials; or
  239         2. The acquisition of education, training, or work
  240  experience necessary to develop appropriate employment skills or
  241  credentials.
  242         (b) In order to award rehabilitative alimony, there must be
  243  a specific and defined rehabilitative plan which shall be
  244  included as a part of any order awarding rehabilitative alimony.
  245         (c) The length of an award of rehabilitative alimony may
  246  not exceed 5 years or the limitations for durational alimony as
  247  provided in subsection (7), whichever period of time is shorter.
  248         (d) An award of rehabilitative alimony may be modified or
  249  terminated in accordance with s. 61.14 based upon a substantial
  250  change in circumstances, upon noncompliance with the
  251  rehabilitative plan, or upon completion of the rehabilitative
  252  plan if the plan is completed before the length of the award of
  253  rehabilitative alimony expires.
  254         (7)(a) Durational alimony may be awarded when permanent
  255  periodic alimony is inappropriate. The purpose of durational
  256  alimony is to provide a party with economic assistance for a set
  257  period of time following a marriage of short or moderate
  258  duration or following a marriage of long duration if there is no
  259  ongoing need for support on a permanent basis. An award of
  260  durational alimony terminates upon the death of either party or
  261  upon the remarriage of the party receiving alimony. The amount
  262  of an award of durational alimony may be modified or terminated
  263  based upon a substantial change in circumstances or upon a
  264  finding that a supportive relationship exists or existed between
  265  the obligee and another person in accordance with s. 61.14.
  266  However, The length of an award of durational alimony may not be
  267  modified except under exceptional circumstances and may not
  268  exceed 50 percent of the length of the marriage. For purposes of
  269  this subsection, the length of a marriage is the period of time
  270  beginning on the date of marriage and ending on the date an
  271  action for dissolution of marriage is filed.
  272         (b)When awarding durational alimony, the court must make
  273  written findings that an award of another type of alimony, or a
  274  combination of the other forms of alimony, is not appropriate.
  275         (c)The amount of durational alimony is the amount
  276  determined to be the obligee’s reasonable need or 25 percent of
  277  the difference between the parties’ net incomes, whichever
  278  amount is less.
  279         (8)A party against whom alimony is sought who has met the
  280  requirements for retirement in accordance with s. 61.14(12)
  281  before the filing of the petition for dissolution of marriage
  282  may not be ordered to pay bridge-the-gap, rehabilitative, or
  283  durational alimony, unless the court determines that:
  284         (a)The party seeking alimony has not reached the age to
  285  qualify for any social security retirement benefits; and
  286         (b)As a result of the dissolution of marriage, the party
  287  seeking alimony would, based on the income and assets available
  288  after the dissolution is final, meet the primary qualifications
  289  for the Florida Medicaid medically needy program under part III
  290  of chapter 409 and the related rules in effect on March 1, 2020.
  291         (9)(a)Notwithstanding any other provision of law, alimony
  292  may not be awarded to a party who has a monthly net income that
  293  is equal to or more than the other party’s monthly net income.
  294         (b)Social security retirement benefits may not be imputed
  295  to the obligor as demonstrated by a social security retirement
  296  benefits entitlement letter unless those benefits are actually
  297  being paid.
  298         (c)If the obligee alleges that a physical disability has
  299  impaired his or her capability to earn the income imputed by the
  300  court, the obligee must have qualified for benefits under the
  301  Social Security Administration Disability Insurance Program or,
  302  in the event the obligee is not eligible for the program, must
  303  demonstrate that his or her disability meets the disability
  304  qualification standards of the Social Security Administration
  305  Disability Insurance Program.
  306         (8)Permanent alimony may be awarded to provide for the
  307  needs and necessities of life as they were established during
  308  the marriage of the parties for a party who lacks the financial
  309  ability to meet his or her needs and necessities of life
  310  following a dissolution of marriage. Permanent alimony may be
  311  awarded following a marriage of long duration if such an award
  312  is appropriate upon consideration of the factors set forth in
  313  subsection (2), following a marriage of moderate duration if
  314  such an award is appropriate based upon clear and convincing
  315  evidence after consideration of the factors set forth in
  316  subsection (2), or following a marriage of short duration if
  317  there are written findings of exceptional circumstances. In
  318  awarding permanent alimony, the court shall include a finding
  319  that no other form of alimony is fair and reasonable under the
  320  circumstances of the parties. An award of permanent alimony
  321  terminates upon the death of either party or upon the remarriage
  322  of the party receiving alimony. An award may be modified or
  323  terminated based upon a substantial change in circumstances or
  324  upon the existence of a supportive relationship in accordance
  325  with s. 61.14.
  326         (9)The award of alimony may not leave the payor with
  327  significantly less net income than the net income of the
  328  recipient unless there are written findings of exceptional
  329  circumstances.
  330         (10)(a) With respect to any order requiring the payment of
  331  alimony entered on or after January 1, 1985, unless the
  332  provisions of paragraph (c) or paragraph (d) applies apply, the
  333  court shall direct in the order that the payments of alimony be
  334  made through the appropriate depository as provided in s.
  335  61.181.
  336         (b) With respect to any order requiring the payment of
  337  alimony entered before January 1, 1985, upon the subsequent
  338  appearance, on or after that date, of one or both parties before
  339  the court having jurisdiction for the purpose of modifying or
  340  enforcing the order or in any other proceeding related to the
  341  order, or upon the application of either party, unless the
  342  provisions of paragraph (c) or paragraph (d) applies apply, the
  343  court shall modify the terms of the order as necessary to direct
  344  that payments of alimony be made through the appropriate
  345  depository as provided in s. 61.181.
  346         (c) If there is no minor child, alimony payments need not
  347  be directed through the depository.
  348         (d)1. If there is a minor child of the parties and both
  349  parties so request, the court may order that alimony payments
  350  need not be directed through the depository. In this case, the
  351  order of support must shall provide, or be deemed to provide,
  352  that either party may subsequently apply to the depository to
  353  require that payments be made through the depository. The court
  354  shall provide a copy of the order to the depository.
  355         2. If the provisions of subparagraph 1. applies apply,
  356  either party may subsequently file with the depository an
  357  affidavit alleging default or arrearages in payment and stating
  358  that the party wishes to initiate participation in the
  359  depository program. The party shall provide copies of the
  360  affidavit to the court and the other party or parties. Fifteen
  361  days after receipt of the affidavit, the depository shall notify
  362  all parties that future payments shall be directed to the
  363  depository.
  364         3. In IV-D cases, the IV-D agency has shall have the same
  365  rights as the obligee in requesting that payments be made
  366  through the depository.
  367         (11)The court shall consider any alimony payments made to
  368  the obligee after the date of filing of a petition for
  369  dissolution of marriage, either voluntarily or pursuant to a
  370  court order, in determining the amount and length of an award of
  371  rehabilitative or durational alimony.
  372         (12)The court shall apply this section to all petitions
  373  for dissolution of marriage which have not been adjudicated
  374  before July 1, 2021, cases pending on appeal, and to any
  375  petitions for dissolution of marriage filed on or after July 1,
  376  2021.
  377         Section 3. Paragraph (c) of subsection (2) of section
  378  61.13, Florida Statutes, is amended to read:
  379         61.13 Support of children; parenting and time-sharing;
  380  powers of court.—
  381         (2)
  382         (c) The court shall determine all matters relating to
  383  parenting and time-sharing of each minor child of the parties in
  384  accordance with the best interests of the child and in
  385  accordance with the Uniform Child Custody Jurisdiction and
  386  Enforcement Act, except that modification of a parenting plan
  387  and time-sharing schedule requires a showing of a substantial,
  388  material, and unanticipated change of circumstances.
  389         1. It is the public policy of this state that each minor
  390  child has frequent and continuing contact with both parents
  391  after the parents separate or the marriage of the parties is
  392  dissolved and to encourage parents to share the rights and
  393  responsibilities, and joys, of childrearing. Unless otherwise
  394  agreed to by the parties, there is a presumption that equal
  395  time-sharing is in the best interests of a minor child common to
  396  both parties. This subparagraph applies to all actions filed on
  397  or after July 1, 2021 There is no presumption for or against the
  398  father or mother of the child or for or against any specific
  399  time-sharing schedule when creating or modifying the parenting
  400  plan of the child.
  401         2. The court shall order that the parental responsibility
  402  for a minor child be shared by both parents unless the court
  403  finds that shared parental responsibility would be detrimental
  404  to the child. Evidence that a parent has been convicted of a
  405  misdemeanor of the first degree or higher involving domestic
  406  violence, as defined in s. 741.28 and chapter 775, or meets the
  407  criteria of s. 39.806(1)(d), creates a rebuttable presumption of
  408  detriment to the child. If the presumption is not rebutted after
  409  the convicted parent is advised by the court that the
  410  presumption exists, shared parental responsibility, including
  411  time-sharing with the child, and decisions made regarding the
  412  child, may not be granted to the convicted parent. However, the
  413  convicted parent is not relieved of any obligation to provide
  414  financial support. If the court determines that shared parental
  415  responsibility would be detrimental to the child, it may order
  416  sole parental responsibility and make such arrangements for
  417  time-sharing as specified in the parenting plan as will best
  418  protect the child or abused spouse from further harm. Regardless
  419  of whether or not there is a conviction of any offense of
  420  domestic violence or child abuse or the existence of an
  421  injunction for protection against domestic violence, the court
  422  shall consider evidence of domestic violence or child abuse as
  423  evidence of detriment to the child.
  424         a. In ordering shared parental responsibility, the court
  425  may consider the expressed desires of the parents and may grant
  426  to one party the ultimate responsibility over specific aspects
  427  of the child’s welfare or may divide those responsibilities
  428  between the parties based on the best interests of the child.
  429  Areas of responsibility may include education, health care, and
  430  any other responsibilities that the court finds unique to a
  431  particular family.
  432         b. The court shall order sole parental responsibility for a
  433  minor child to one parent, with or without time-sharing with the
  434  other parent if it is in the best interests of the minor child.
  435         3. Access to records and information pertaining to a minor
  436  child, including, but not limited to, medical, dental, and
  437  school records, may not be denied to either parent. Full rights
  438  under this subparagraph apply to either parent unless a court
  439  order specifically revokes these rights, including any
  440  restrictions on these rights as provided in a domestic violence
  441  injunction. A parent having rights under this subparagraph has
  442  the same rights upon request as to form, substance, and manner
  443  of access as are available to the other parent of a child,
  444  including, without limitation, the right to in-person
  445  communication with medical, dental, and education providers.
  446         Section 4. Paragraph (b) of subsection (1) of section
  447  61.14, Florida Statutes, is amended, and paragraph (c) is added
  448  to subsection (11) and subsections (12), (13), and (14) are
  449  added to that section, to read:
  450         61.14 Enforcement and modification of support, maintenance,
  451  or alimony agreements or orders.—
  452         (1)
  453         (b)1. The court may reduce or terminate an award of alimony
  454  or order reimbursement to the obligor for any amount the court
  455  determines is equitable upon specific written findings by the
  456  court that since the granting of a divorce and the award of
  457  alimony, a supportive relationship exists or has existed between
  458  the obligee and another a person at any time during the 180 days
  459  before the filing of a petition for modification of alimony with
  460  whom the obligee resides. On the issue of whether alimony should
  461  be reduced or terminated under this paragraph, the burden is on
  462  the obligor to prove by a preponderance of the evidence that a
  463  supportive relationship exists or existed.
  464         2. In determining whether an existing award of alimony
  465  should be reduced or terminated because of an alleged supportive
  466  relationship between an obligee and a person who is not related
  467  by consanguinity or affinity and with whom the obligee resides,
  468  the court shall elicit the nature and extent of the relationship
  469  in question. The court shall give consideration, without
  470  limitation, to circumstances, including, but not limited to, the
  471  following, in determining the relationship of an obligee to
  472  another person:
  473         a. The extent to which the obligee and the other person
  474  have held themselves out as a married couple by engaging in
  475  conduct such as using the same last name, using a common mailing
  476  address, referring to each other in terms such as “my husband,”
  477  or “my wife,” “my partner,” or “my fiance or otherwise
  478  conducting themselves in a manner that evidences a permanent or
  479  longstanding committed and supportive relationship.
  480         b. The period of time that the obligee has resided with the
  481  other person in a permanent place of abode.
  482         c. The extent to which the obligee and the other person
  483  have pooled their assets or income or otherwise exhibited
  484  financial interdependence.
  485         d. The extent to which the obligee or the other person has
  486  supported the other, in whole or in part.
  487         e. The extent to which the obligee or the other person has
  488  performed valuable services for the other.
  489         f. The extent to which the obligee or the other person has
  490  performed valuable services for the other’s company or employer.
  491         g. Whether the obligee and the other person have worked
  492  together to create or enhance anything of value.
  493         h. Whether the obligee and the other person have jointly
  494  contributed to the purchase of any real or personal property.
  495         i. Evidence in support of a claim that the obligee and the
  496  other person have an express agreement regarding property
  497  sharing or support.
  498         j. Evidence in support of a claim that the obligee and the
  499  other person have an implied agreement regarding property
  500  sharing or support.
  501         k. Whether the obligee and the other person have provided
  502  support to the children of one another, regardless of any legal
  503  duty to do so.
  504         l.Whether the obligee and the other person are engaged to
  505  be married.
  506         3. This paragraph does not abrogate the requirement that
  507  every marriage in this state be solemnized under a license, does
  508  not recognize a common law marriage as valid, and does not
  509  recognize a de facto marriage. This paragraph recognizes only
  510  that relationships do exist that provide economic support
  511  equivalent to a marriage and that alimony terminable on
  512  remarriage may be reduced or terminated upon the establishment
  513  of equivalent equitable circumstances as described in this
  514  paragraph. The existence of a conjugal relationship, though it
  515  may be relevant to the nature and extent of the relationship, is
  516  not necessary for the application of the provisions of this
  517  paragraph.
  518         (11)
  519         (c)An obligor’s subsequent remarriage or cohabitation does
  520  not constitute a basis for either party to seek a modification
  521  of an alimony award. An obligee may not seek modification to
  522  increase an award of alimony based on the income and assets of
  523  the obligor’s subsequent spouse or person with whom the obligor
  524  resides, and the obligor may not seek modification to reduce an
  525  award of alimony based on the obligor’s reliance upon the income
  526  and assets of the obligor’s subsequent spouse or person with
  527  whom the obligor resides.
  528         (12)(a)An alimony award terminates when the obligor
  529  reaches full retirement age as determined by the United States
  530  Social Security Administration. However, if an obligor reaches
  531  full retirement age as determined by the United States Social
  532  Security Administration but has not paid durational alimony for
  533  a period equal to 50 percent of the length of the marriage, the
  534  court may require the obligor to continue to pay durational
  535  alimony, not to exceed 50 percent of the length of the marriage,
  536  only if the court determines that:
  537         1.The party seeking alimony has not reached the minimum
  538  age to qualify for social security retirement benefits; and
  539         2.As a result of the dissolution of marriage or the
  540  termination of alimony payments under this paragraph, the party
  541  seeking alimony would, based on the income and assets available
  542  after the dissolution of marriage is final, meet the primary
  543  qualifications for the Florida Medicaid medically needy program
  544  under part III of chapter 409 and the related rules in effect on
  545  March 1, 2020.
  546         (b)If an obligor seeks to retire at an age that is
  547  reasonable for his or her profession or line of work, but before
  548  he or she reaches full retirement age as determined by the
  549  United States Social Security Administration, the court may
  550  terminate an alimony award if it determines that the obligor’s
  551  retirement is reasonable. In determining whether the obligor’s
  552  retirement is reasonable, the court shall consider all of the
  553  following:
  554         1.The obligor’s age and health.
  555         2.The obligor’s motivation for retirement.
  556         3.The obligor’s profession or line of work and the typical
  557  retirement age for that profession or line of work.
  558         4.The obligee’s needs and necessities of life and the
  559  obligor’s needs and necessities of life.
  560         5.The impact that a termination or reduction of alimony
  561  would have on the obligee. In determining the impact, the court
  562  must consider any assets accumulated or received by the obligee,
  563  including any income generated by such assets, since the final
  564  judgment of dissolution of marriage.
  565         (c)Up to 12 months before the obligor’s anticipated
  566  retirement under paragraph (a) or paragraph (b), the obligor may
  567  file a petition to modify or terminate the alimony award,
  568  effective upon his or her actual retirement date. The court
  569  shall modify or terminate the alimony award after the obligor’s
  570  retirement unless the court makes written findings of fact under
  571  paragraph (b) that the obligor’s retirement is not reasonable.
  572         (13)Any amount of social security or disability benefits
  573  or retirement payments received by an obligee subsequent to an
  574  initial award of alimony constitutes a change in circumstances
  575  for which an obligor may seek modification of an alimony award.
  576         (14)(a)Agreements on alimony payments, voluntary or
  577  pursuant to a court order, which allow for modification or
  578  termination of alimony by virtue of either party reaching a
  579  certain age, income, or other threshold, or agreements that
  580  establish a limited period of time after which alimony is
  581  modifiable, are considered agreements that are expressly
  582  modifiable or eligible for termination for purposes of this
  583  section once the specified condition is met.
  584         (b)The court shall apply this section to any action to
  585  modify or terminate an alimony award filed on or after July 1,
  586  2021, or any action for which a final order has not been issued
  587  or an appeal to a district court of appeal has not been decided
  588  before July 1, 2021.
  589         Section 5. Section 61.19, Florida Statutes, is amended to
  590  read:
  591         61.19 Entry of judgment of dissolution of marriage;, delay
  592  period; separate adjudication of issues.—
  593         (1)A No final judgment of dissolution of marriage may not
  594  be entered until at least 20 days have elapsed from the date of
  595  filing the original petition for dissolution of marriage,; but
  596  the court, on a showing that injustice would result from this
  597  delay, may enter a final judgment of dissolution of marriage at
  598  an earlier date.
  599         (2)If more than 365 days have elapsed after the date of
  600  service of the original petition for dissolution of marriage,
  601  absent a showing by either party that irreparable harm will
  602  result from granting a final judgment of dissolution of
  603  marriage, the court shall, upon request of either party, grant a
  604  final judgment of dissolution of marriage with a reservation of
  605  jurisdiction to subsequently determine all other substantive
  606  issues. Before granting the judgment, the court shall enter
  607  temporary orders necessary to protect the parties and their
  608  children, which orders remain effective until all other issues
  609  can be adjudicated by the court. This subsection applies to all
  610  petitions for dissolution of marriage filed on or after July 1,
  611  2021.
  612         Section 6. This act shall take effect July 1, 2021.