Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 1796
       
       
       
       
       
       
                                Ì706994WÎ706994                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/24/2022           .                                
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       The Committee on Judiciary (Gruters) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (1) through (23) of section
    6  61.046, Florida Statutes, are redesignated as subsections (2)
    7  through (24), respectively, a new subsection (1) is added to
    8  that section, and present subsection (8) of that section is
    9  amended, to read:
   10         61.046 Definitions.—As used in this chapter, the term:
   11         (1)“Active gross income” means salary, wages, bonuses,
   12  commissions, allowances, overtime, tips, and other similar
   13  payments and business income from self-employment, partnership,
   14  close corporations, independent contracts, and other similar
   15  sources. For purposes of this definition,business income”
   16  means gross receipts minus ordinary and necessary expenses
   17  required to produce income and requires that such business
   18  income be derived in a way that meets any of the material
   19  participation tests outlined in the Internal Revenue Service’s
   20  Publication 925 (2020), Passive Activity and At-Risk Rules.
   21         (9)(8) “Income” means any form of payment to an individual,
   22  regardless of source, including, but not limited to,: wages,
   23  salary, commissions and bonuses, compensation as an independent
   24  contractor, worker’s compensation, disability benefits, annuity
   25  and retirement benefits, pensions, dividends, interest,
   26  royalties, trust distributions trusts, and any other payments,
   27  made by any person, private entity, federal or state government,
   28  or any unit of local government. United States Department of
   29  Veterans Affairs disability benefits and reemployment assistance
   30  or unemployment compensation, as defined in chapter 443, are
   31  excluded from this definition of income except for purposes of
   32  establishing an amount of support.
   33         Section 2. Section 61.08, Florida Statutes, is amended to
   34  read:
   35         61.08 Alimony.—
   36         (1)As used in this section, the term:
   37         (a)“Alimony” means a court-ordered or voluntary payment of
   38  support by one spouse to the other spouse. The term includes any
   39  voluntary payment made after the date of filing an order for
   40  maintenance, spousal support, temporary support, or separate
   41  support when the payment is not intended for the benefit of a
   42  child in common.
   43         (b)“Gross income” means gross income as determined in
   44  accordance with s. 61.30(2).
   45         (c)“Net income” means income that is determined by
   46  subtracting allowable deductions from gross income. For purposes
   47  of this section, allowable deductions include any of the
   48  following:
   49         1.Federal, state, or local income tax deductions, adjusted
   50  for actual filing status and allowable dependents, and income
   51  tax liabilities.
   52         2.Federal insurance contributions or self-employment tax.
   53         3.Mandatory union dues.
   54         4.Mandatory retirement payments.
   55         5.Health insurance payments, excluding payments for
   56  coverage of a minor child.
   57         6.Court-ordered support for other children which is
   58  actually paid.
   59         7.Spousal support paid pursuant to a court order from a
   60  previous marriage.
   61         (2)(a)(1) In a proceeding for dissolution of marriage, the
   62  court may grant alimony to either party in the form of, which
   63  alimony may be bridge-the-gap, rehabilitative, or durational
   64  alimony, or a permanent in nature or any combination of these
   65  forms of alimony. In an any award of alimony, the court may
   66  order periodic payments, or payments in lump sum, or both.
   67         (b)The court shall make written findings regarding the
   68  basis for awarding a combination of forms of alimony, including
   69  the type of alimony and the length of time for which the alimony
   70  is awarded. The court may award a combination of forms of
   71  alimony only to provide greater economic assistance in order to
   72  allow the recipient to achieve rehabilitation.
   73         (c)The court may consider the adultery of either spouse
   74  and the circumstances thereof in determining the amount of
   75  alimony, if any, to be awarded. In all dissolution actions, the
   76  court shall include written findings of fact relative to the
   77  factors provided enumerated in subsection (3) (2) supporting the
   78  an award or denial of alimony.
   79         (3)(2) In determining whether to award alimony or
   80  maintenance, the court shall first make a specific, written
   81  factual determination as to whether the either party seeking
   82  alimony or maintenance has an actual need for it alimony or
   83  maintenance and whether the other either party has the ability
   84  to pay alimony or maintenance. If the court finds that the a
   85  party seeking alimony or maintenance has a need for it alimony
   86  or maintenance and that the other party has the ability to pay
   87  alimony or maintenance, then in determining the proper type and
   88  amount of alimony or maintenance under subsections (5)-(9) (5)
   89  (8), the court must shall consider all relevant factors,
   90  including, but not limited to:
   91         (a) The standard of living established during the marriage,
   92  including the needs and necessities of life for each party after
   93  the dissolution of marriage, taking into consideration the
   94  presumption that both parties will have a lower standard of
   95  living after the dissolution of marriage than their standard of
   96  living during the marriage. This presumption may be overcome by
   97  a preponderance of the evidence.
   98         (b) The duration of the marriage.
   99         (c) The age and the physical and emotional condition of
  100  each party.
  101         (d) The financial resources of each party, including the
  102  nonmarital and the marital assets and liabilities distributed to
  103  each.
  104         (e) The earning capacities, educational levels, vocational
  105  skills, and employability of the parties and, when applicable,
  106  the time necessary for either party to acquire sufficient
  107  education or training to enable such party to find appropriate
  108  employment.
  109         (f) The contribution of each party to the marriage,
  110  including, but not limited to, services rendered in homemaking,
  111  child care, education, and career building of either the other
  112  party.
  113         (g) The responsibilities each party will have with regard
  114  to any minor children whom the parties they have in common.
  115         (h) The tax treatment and consequences to both parties of
  116  an any alimony award, including the designation of all or a
  117  portion of the payment as a nontaxable, nondeductible payment.
  118         (i) All sources of income available to either party,
  119  including income available to either party through investments
  120  of any asset held by that party.
  121         (j) Any other factor necessary for to do equity and justice
  122  between the parties, if such factor is specifically identified
  123  in the award with findings of fact justifying the application of
  124  such factor.
  125         (4)(3) To the extent necessary to protect an award of
  126  alimony, the obligee may court may order any party who is
  127  ordered to pay alimony to purchase or maintain a life insurance
  128  policy on the obligor’s life in an amount adequate to or a bond,
  129  or to otherwise secure such alimony award. If the obligee
  130  purchases a life insurance policy, the obligor must cooperate in
  131  the process of procuring the issuance and underwriting of the
  132  life insurance policy with any other assets which may be
  133  suitable for that purpose.
  134         (5)(4) For purposes of determining alimony, there is a
  135  rebuttable presumption that a short-term marriage is a marriage
  136  having a duration of less than 10 7 years, a moderate-term
  137  marriage is a marriage having a duration between of greater than
  138  10 7 years and 20 but less than 17 years, and a long-term
  139  marriage is a marriage having a duration of 20 17 years or
  140  longer greater. The length of a marriage is the period of time
  141  from the date of marriage until the date of filing of an action
  142  for dissolution of marriage.
  143         (6)(5) Bridge-the-gap alimony may be awarded to assist a
  144  party by providing support to allow the party to make a
  145  transition from being married to being single. Bridge-the-gap
  146  alimony is designed to assist a party with legitimate
  147  identifiable short-term needs, and the length of an award of
  148  bridge-the-gap alimony may not exceed 2 years. An award of
  149  bridge-the-gap alimony terminates upon the death of either party
  150  or upon the remarriage of the party receiving alimony. An award
  151  of bridge-the-gap alimony is shall not be modifiable in amount
  152  or duration.
  153         (7)(a)(6)(a) Rehabilitative alimony may be awarded to
  154  assist a party in establishing the capacity for self-support
  155  through either:
  156         1. The redevelopment of previous skills or credentials; or
  157         2. The acquisition of education, training, or work
  158  experience necessary to develop appropriate employment skills or
  159  credentials.
  160         (b) In order to award rehabilitative alimony, there must be
  161  a specific and defined rehabilitative plan which shall be
  162  included as a part of any order awarding rehabilitative alimony.
  163         (c) The length of an award of rehabilitative alimony may
  164  not exceed 5 years.
  165         (d) An award of rehabilitative alimony may be modified or
  166  terminated in accordance with s. 61.14 based upon a substantial
  167  change in circumstances, upon noncompliance with the
  168  rehabilitative plan, or upon completion of the rehabilitative
  169  plan if the plan is completed before the length of the award of
  170  rehabilitative alimony expires.
  171         (8)(a)(7) Durational alimony may be awarded when permanent
  172  periodic alimony is inappropriate. The purpose of durational
  173  alimony is to provide a party with economic assistance for a set
  174  period of time following a marriage of short or moderate
  175  duration or following a marriage of long duration if there is no
  176  ongoing need for support on a permanent basis. An award of
  177  durational alimony terminates upon the death of either party or
  178  upon the remarriage of the party receiving alimony. The amount
  179  of an award of durational alimony may be modified or terminated
  180  based upon a substantial change in circumstances in accordance
  181  with s. 61.14. Durational alimony may not be awarded following a
  182  marriage lasting fewer than 3 years. However, The length of an
  183  award of durational alimony may not be modified except under
  184  exceptional circumstances and may not exceed 50 percent of the
  185  length of a the marriage lasting between 3 and 10 years, 60
  186  percent of the length of a marriage lasting between 10 and 20
  187  years, or 75 percent of the length of a marriage lasting 20
  188  years or longer. However, if the party seeking alimony is either
  189  permanently mentally or physically disabled and unable to
  190  provide for his or her own support, either partially or fully,
  191  or is the full-time in-home caregiver to a fully and permanently
  192  mentally or physically disabled child who is common to the
  193  parties, the court may extend durational alimony beyond the
  194  thresholds established in this subsection based on the duration
  195  of the marriage until the death of the child or until the court
  196  determines that there is no longer a need for durational
  197  alimony. For purposes of this subsection, the length of a
  198  marriage is the period of time beginning on the date of marriage
  199  and ending on the date an action for dissolution of marriage is
  200  filed. When awarding durational alimony, the court must make
  201  written findings that an award of another type of alimony, or a
  202  combination of the other forms of alimony, is not appropriate.
  203         (b)The amount of durational alimony is the amount
  204  determined to be the obligee’s reasonable need or an amount not
  205  to exceed 35 percent of the difference between the parties’ net
  206  incomes, whichever amount is less.
  207         (c)In determining the length of an award of durational
  208  alimony, the court shall reduce the length of an award of
  209  durational alimony for the length of time during which obligor
  210  made temporary support payments to the obligee, either
  211  voluntarily or pursuant to a court order after the date of
  212  filing of a petition for dissolution of marriage.
  213         (d)In determining the extent to which alimony should be
  214  granted because a supportive relationship exists or has existed
  215  between the party seeking alimony and another person who is not
  216  related by consanguinity or affinity at any time since 180 days
  217  before the filing of the petition of dissolution of marriage,
  218  the court shall consider all relevant factors presented
  219  concerning the nature and extent of the supportive relationship
  220  in question. The burden is on the obligor to prove by a
  221  preponderance of the evidence that a supportive relationship
  222  exists. If a supportive relationship is proven to exist, the
  223  burden shifts to the obligee to disprove by a preponderance of
  224  the evidence that the court should deny or reduce the initial
  225  award of alimony. The court must make written finding of fact
  226  concerning the circumstances of the supportive relationship,
  227  including, but not limited to, the factors set forth in s.
  228  61.14(1)(b)2.
  229         (e)In the event that the party obliged to pay alimony
  230  reaches full retirement age as determined by the Social Security
  231  Administration or the customary retirement age for his or her
  232  profession before the end of the durational period indicated by
  233  paragraph (a), the durational alimony shall end on such
  234  retirement date if all of the following conditions are met:
  235         1.The payor files a notice of retirement and intent to
  236  terminate alimony with the court and personally serves the
  237  alimony recipient or his or her last known attorney of record at
  238  least 1 year before the date that the obligor’s retirement is
  239  intended to become effective.
  240         2.The obligee has not contested the notice of retirement
  241  and intent to terminate alimony according to the factors
  242  specified in s. 61.14(12)(b) or the court has determined that
  243  such factors do not apply. If the court makes any of the
  244  findings specified in s. 61.14(12)(b), the court must consider
  245  and make written findings regarding the factors listed in s.
  246  61.14(12)(c) to determine whether to extend the length of the
  247  alimony award as set forth in s. 61.08(8)(a).
  248  
  249  However, if the obligor continues to work beyond his or her
  250  retirement age as provided under this paragraph and earns active
  251  gross income of more than 50 percent of the obligor’s average
  252  preretirement annual active gross income for the 3 years
  253  preceding his or her retirement age, the court may extend
  254  alimony until the durational limitations established in this
  255  subsection have been satisfied or the obligor retires and
  256  reduces his or her active gross income below the 50 percent
  257  threshold established in this paragraph.
  258         (9)A party against whom alimony is sought who has attained
  259  his or her full retirement age as determined by the Social
  260  Security Administration before the adjudication of the petition
  261  for dissolution of marriage may not be ordered to pay bridge
  262  the-gap, rehabilitative, or durational alimony, unless the court
  263  determines that:
  264         (a)The party seeking alimony has not reached the age to
  265  qualify for any social security retirement benefits; and
  266         (b)1.As a result of the dissolution of marriage, the party
  267  seeking alimony would have an income less than 130 percent of
  268  the federal poverty guidelines for a one-person household, as
  269  published by the United States Department of Health and Human
  270  Services, based on the income and investable assets available
  271  after the dissolution is final, including any retirement assets
  272  from which the obligee can access income without incurring early
  273  withdrawal penalties; or
  274         2.The party seeking alimony is the full-time in-home
  275  caregiver to a fully and permanently mentally or physically
  276  disabled child who is common to the parties, or the party is
  277  permanently and mentally or physically disabled and unable to
  278  provide for his or her own support, either partially or fully.
  279         (10)Notwithstanding any other law, alimony may not be
  280  awarded to a party who has a monthly net income that is equal to
  281  or more than the other party’s monthly net income.
  282         (11)Social security retirement benefits may not be imputed
  283  to the obligor as demonstrated by a social security retirement
  284  benefits entitlement letter unless those benefits are actually
  285  being paid.
  286         (12)If the obligee alleges that a physical disability has
  287  impaired his or her capability to earn income, the obligee must
  288  have qualified for benefits under the Social Security
  289  Administration Disability Insurance Program or, in the event the
  290  obligee is not eligible for the program, must demonstrate that
  291  his or her disability meets the disability qualification
  292  standards of the Social Security Administration Disability
  293  Insurance Program.
  294         (8)Permanent alimony may be awarded to provide for the
  295  needs and necessities of life as they were established during
  296  the marriage of the parties for a party who lacks the financial
  297  ability to meet his or her needs and necessities of life
  298  following a dissolution of marriage. Permanent alimony may be
  299  awarded following a marriage of long duration if such an award
  300  is appropriate upon consideration of the factors set forth in
  301  subsection (2), following a marriage of moderate duration if
  302  such an award is appropriate based upon clear and convincing
  303  evidence after consideration of the factors set forth in
  304  subsection (2), or following a marriage of short duration if
  305  there are written findings of exceptional circumstances. In
  306  awarding permanent alimony, the court shall include a finding
  307  that no other form of alimony is fair and reasonable under the
  308  circumstances of the parties. An award of permanent alimony
  309  terminates upon the death of either party or upon the remarriage
  310  of the party receiving alimony. An award may be modified or
  311  terminated based upon a substantial change in circumstances or
  312  upon the existence of a supportive relationship in accordance
  313  with s. 61.14.
  314         (9)The award of alimony may not leave the payor with
  315  significantly less net income than the net income of the
  316  recipient unless there are written findings of exceptional
  317  circumstances.
  318         (13)(a)(10)(a) With respect to any order requiring the
  319  payment of alimony entered on or after January 1, 1985, unless
  320  the provisions of paragraph (c) or paragraph (d) applies apply,
  321  the court shall direct in the order that the payments of alimony
  322  be made through the appropriate depository as provided in s.
  323  61.181.
  324         (b) With respect to any order requiring the payment of
  325  alimony entered before January 1, 1985, upon the subsequent
  326  appearance, on or after that date, of one or both parties before
  327  the court having jurisdiction for the purpose of modifying or
  328  enforcing the order or in any other proceeding related to the
  329  order, or upon the application of either party, unless the
  330  provisions of paragraph (c) or paragraph (d) applies apply, the
  331  court shall modify the terms of the order as necessary to direct
  332  that payments of alimony be made through the appropriate
  333  depository as provided in s. 61.181.
  334         (c) If there is no minor child, alimony payments need not
  335  be directed through the depository.
  336         (d)1. If there is a minor child of the parties and both
  337  parties so request, the court may order that alimony payments
  338  need not be directed through the depository. In this case, the
  339  order of support must shall provide, or be deemed to provide,
  340  that either party may subsequently apply to the depository to
  341  require that payments be made through the depository. The court
  342  shall provide a copy of the order to the depository.
  343         2. If the provisions of subparagraph 1. applies apply,
  344  either party may subsequently file with the depository an
  345  affidavit alleging default or arrearages in payment and stating
  346  that the party wishes to initiate participation in the
  347  depository program. The party shall provide copies of the
  348  affidavit to the court and the other party or parties. Fifteen
  349  days after receipt of the affidavit, the depository shall notify
  350  all parties that future payments shall be directed to the
  351  depository.
  352         3. In IV-D cases, the IV-D agency has shall have the same
  353  rights as the obligee in requesting that payments be made
  354  through the depository.
  355         (14)The court shall apply this section to all petitions
  356  for dissolution of marriage which have not been adjudicated
  357  before July 1, 2022, and to any petitions for dissolution of
  358  marriage filed on or after July 1, 2022.
  359         Section 3. Paragraph (b) of subsection (1) of section
  360  61.14, Florida Statutes, is amended, and paragraph (c) is added
  361  to subsection (11) and subsections (12), (13), and (14) are
  362  added to that section, to read:
  363         61.14 Enforcement and modification of support, maintenance,
  364  or alimony agreements or orders.—
  365         (1)
  366         (b)1. The court may reduce or terminate an award of alimony
  367  or order reimbursement to the obligor for any amount the court
  368  determines is equitable upon specific written findings by the
  369  court that since the granting of a divorce and the award of
  370  alimony, a supportive relationship exists or has existed between
  371  the obligee and another a person at any time during the 180 days
  372  before the filing of a petition for modification of alimony with
  373  whom the obligee resides. On the issue of whether alimony should
  374  be reduced or terminated under this paragraph, the burden is on
  375  the obligor to prove by a preponderance of the evidence that a
  376  supportive relationship exists or existed. If a supportive
  377  relationship is proven to exist, the burden shifts to the
  378  obligee to disprove, by a preponderance of the evidence, that
  379  the court should terminate an existing award of alimony.
  380         2. In determining the extent to which whether an existing
  381  award of alimony should be reduced or terminated because of an
  382  alleged supportive relationship between an obligee and a person
  383  who is not related by consanguinity or affinity and with whom
  384  the obligee resides, the court must make written findings of
  385  fact concerning the nature and the extent of the supportive
  386  relationship in question and the circumstances of the supportive
  387  relationship, including, but not limited to, the following
  388  factors shall elicit the nature and extent of the relationship
  389  in question. The court shall give consideration, without
  390  limitation, to circumstances, including, but not limited to, the
  391  following, in determining the relationship of an obligee to
  392  another person:
  393         a. The extent to which the obligee and the other person
  394  have held themselves out as a married couple by engaging in
  395  conduct such as using the same last name, using a common mailing
  396  address, referring to each other in terms such as “my husband”
  397  or “my wife,” or otherwise conducting themselves in a manner
  398  that evidences a permanent supportive relationship.
  399         b. The period of time that the obligee has resided with the
  400  other person in a permanent place of abode.
  401         c. The extent to which the obligee and the other person
  402  have pooled their assets or income or otherwise exhibited
  403  financial interdependence.
  404         d. The extent to which the obligee or the other person has
  405  supported the other, in whole or in part.
  406         e. The extent to which the obligee or the other person has
  407  performed valuable services for the other.
  408         f. The extent to which the obligee or the other person has
  409  performed valuable services for the other’s company or employer.
  410         g. Whether the obligee and the other person have worked
  411  together to create or enhance anything of value.
  412         h. Whether the obligee and the other person have jointly
  413  contributed to the purchase of any real or personal property.
  414         i. Evidence in support of a claim that the obligee and the
  415  other person have an express agreement regarding property
  416  sharing or support.
  417         j. Evidence in support of a claim that the obligee and the
  418  other person have an implied agreement regarding property
  419  sharing or support.
  420         k. Whether the obligee and the other person have provided
  421  support to the children of one another, regardless of any legal
  422  duty to do so.
  423         3. This paragraph does not abrogate the requirement that
  424  every marriage in this state be solemnized under a license, does
  425  not recognize a common law marriage as valid, and does not
  426  recognize a de facto marriage. This paragraph recognizes only
  427  that relationships do exist that provide economic support
  428  equivalent to a marriage and that alimony terminable on
  429  remarriage may be reduced or terminated upon the establishment
  430  of equivalent equitable circumstances as described in this
  431  paragraph. The existence of a conjugal relationship, though it
  432  may be relevant to the nature and extent of the relationship, is
  433  not necessary for the application of the provisions of this
  434  paragraph.
  435         (11)
  436         (c)An obligor’s subsequent remarriage or cohabitation does
  437  not constitute a basis for either party to seek a modification
  438  of an alimony award.
  439         (12)(a)Up to 12 months before seeking to terminate alimony
  440  as provided under this section, an obligor may file a notice of
  441  retirement and intent to terminate alimony with the court and
  442  shall personally serve the obligee or his or her last known
  443  attorney of record with such notice.
  444         (b)The obligee shall have 20 days after the date of
  445  service of the notice to request the court to enter findings
  446  that as of the date of filing of the notice:
  447         1.The reduction or termination of alimony would result in
  448  any of the following:
  449         a.The obligee’s income would be less than 130 percent of
  450  the federal poverty guidelines for a one-person household, as
  451  published by the United States Department of Health and Human
  452  Services, based on the obligee’s income and investable assets,
  453  including any retirement assets from which the obligee can
  454  access income without incurring early withdrawal penalties.
  455         b.A violation of the terms of the marital settlement
  456  agreement between the parties because the marital settlement
  457  agreement either does not allow for modification or termination
  458  of the alimony award or the proposed reduction in alimony does
  459  not comply with applicable terms for modification of alimony
  460  specified in the agreement;
  461         2.The obligee is the full-time in-home caregiver to a
  462  fully and permanently mentally or physically disabled child who
  463  is common to the parties; or
  464         3.The obligee is permanently mentally or physically
  465  disabled and unable to provide for his or her own support,
  466  either partially or fully.
  467         (c)If the court makes any of the findings specified in
  468  paragraph (b), the court must consider and make written findings
  469  regarding the following factors when deciding whether to reduce
  470  either the amount or duration of alimony:
  471         1.The duration of the marriage.
  472         2.The financial resources of the obligee, including the
  473  nonmarital and marital assets and liabilities distributed to the
  474  obligee, as well as the obligee’s role in conserving or
  475  depleting the marital assets distributed at the dissolution of
  476  marriage.
  477         3.The sources of income available to the obligee,
  478  including income available to the obligee through investments of
  479  any asset, including retirement assets from which the obligee
  480  can access income without incurring early withdrawal penalties.
  481         4.The effort and sacrifices of time and leisure necessary
  482  for the obligor to continue to provide such alimony and
  483  consideration of the presumption that the obligor has a right to
  484  retire when attaining full retirement age as per the Social
  485  Security Administration.
  486         5.The age and health of the obligor.
  487         6.The terms of the marital settlement agreement between
  488  the parties which govern modification of alimony.
  489         (d)If the court does not make any of the findings
  490  specified in paragraph (b), the alimony award amount shall
  491  decrease by 25 percent on the date the obligor reaches 65 years
  492  of age or 1 year after the date on which the notice of
  493  retirement and intent to terminate alimony is filed, whichever
  494  occurs later, and shall continue to decrease by 25 percent each
  495  year thereafter until the date the obligor reaches 68 years of
  496  age or 4 years after the date on which the notice is filed,
  497  whichever occurs later, at which time alimony shall terminate.
  498         (e)Notwithstanding paragraphs (a)-(d), if the obligor
  499  continues to work beyond full retirement age as determined by
  500  the United States Social Security Administration or beyond the
  501  reasonable retirement age for his or her profession or line of
  502  work as determined in paragraph (f), whichever occurs earlier,
  503  and earns active gross income of more than 50 percent of the
  504  obligor’s average preretirement annual active gross income for
  505  the 3 years preceding his or her retirement age, actual
  506  retirement date, or reasonable retirement age, as applicable,
  507  the court may extend alimony until the obligor retires and
  508  reduces his or her active gross income below the 50 percent
  509  active gross income threshold established under this paragraph.
  510         (f)If an obligor seeks to retire at an age that is
  511  reasonable for his or her profession or line of work, but before
  512  he or she reaches 65 years of age, or if the obligor is past his
  513  or her full retirement age as determined by the Social Security
  514  Administration, the court may terminate an alimony award if it
  515  determines that the obligor’s retirement is reasonable. In
  516  determining whether the obligor’s retirement is reasonable, the
  517  court shall consider all of the following:
  518         1.The obligor’s age and health.
  519         2.The obligor’s motivation for retirement.
  520         3.The obligor’s profession or line of work and the typical
  521  retirement age for that profession or line of work.
  522         4.The impact that a termination or reduction of alimony
  523  would have on the obligee. In determining the impact, the court
  524  must consider any assets accumulated or received by the obligee
  525  since the final judgment of dissolution of marriage, including
  526  any income generated by such assets and retirement assets from
  527  which the obligee can access income without incurring early
  528  withdrawal penalties, and the obligee’s role in the depletion or
  529  conservation of any assets.
  530         (g)Up to 12 months before the obligor’s anticipated
  531  retirement under paragraph (f), the obligor may file a petition
  532  to modify or terminate the alimony award, effective upon his or
  533  her actual retirement date. The court shall modify or terminate
  534  the alimony award after the obligor’s retirement unless the
  535  court makes written findings of fact under paragraph (f) that
  536  the obligor’s retirement is not reasonable.
  537         (13)Any amount of social security or disability benefits
  538  or retirement payments received by an obligee subsequent to an
  539  initial award of alimony constitutes a change in circumstances
  540  for which an obligor may seek modification of an alimony award.
  541         (14)Agreements on alimony payments, voluntary or pursuant
  542  to a court order, which allow for modification or termination of
  543  alimony by virtue of either party reaching a certain age,
  544  income, or other threshold, or agreements that establish a
  545  limited period of time after which alimony is modifiable, are
  546  considered agreements that are expressly modifiable or eligible
  547  for termination for purposes of this section once the specified
  548  condition is met.
  549         Section 4. Section 61.19, Florida Statutes, is amended to
  550  read:
  551         61.19 Entry of judgment of dissolution of marriage;, delay
  552  period; separate adjudication of issues.—
  553         (1)A No final judgment of dissolution of marriage may not
  554  be entered until at least 20 days have elapsed from the date of
  555  filing the original petition for dissolution of marriage,; but
  556  the court, on a showing that injustice would result from this
  557  delay, may enter a final judgment of dissolution of marriage at
  558  an earlier date.
  559         (2)If more than 2 years have elapsed after the date of
  560  service of the original petition for dissolution of marriage,
  561  absent a showing by either party that irreparable harm will
  562  result from granting a final judgment of dissolution of
  563  marriage, the court shall, upon request of either party, grant a
  564  final judgment of dissolution of marriage with a reservation of
  565  jurisdiction to subsequently determine all other substantive
  566  issues. Before granting the judgment, the court shall enter
  567  temporary orders necessary to protect the parties and their
  568  children, if any, which orders remain effective until all other
  569  issues are adjudicated by the court. This subsection applies to
  570  all petitions for dissolution of marriage filed on or after July
  571  1, 2022.
  572         Section 5. The court shall apply this act to any action
  573  pending on or after July 1, 2022.
  574         Section 6. This act shall take effect July 1, 2022.
  575  
  576  ================= T I T L E  A M E N D M E N T ================
  577  And the title is amended as follows:
  578         Delete everything before the enacting clause
  579  and insert:
  580                        A bill to be entitled                      
  581         An act relating to dissolution of marriage; amending
  582         s. 61.046, F.S.; defining the term “active gross
  583         income”; revising the definition of the term “income”;
  584         amending s. 61.08, F.S.; defining terms; requiring the
  585         court to make certain written findings in its awards
  586         of alimony; removing the court’s ability to consider
  587         adultery of either spouse in determining the amount of
  588         an alimony award; revising factors that the court must
  589         consider in determining the proper type and amount of
  590         alimony; authorizing a party to whom the court has
  591         awarded alimony to purchase or maintain a life
  592         insurance policy on the obligor’s life to protect an
  593         award of alimony; requiring the obligor to cooperate
  594         in the process of procuring the life insurance;
  595         modifying certain rebuttable presumptions related to
  596         the duration of a marriage for purposes of determining
  597         alimony; prohibiting an award of rehabilitative
  598         alimony from exceeding a specified timeframe; revising
  599         a provision authorizing the modification of
  600         rehabilitative alimony upon completion of the
  601         rehabilitative plan to include a certain condition;
  602         revising provisions related to durational alimony;
  603         prohibiting the length of an award of durational
  604         alimony from exceeding specified timeframes;
  605         specifying what constitutes the length of a marriage
  606         for the purpose of determining durational alimony;
  607         requiring the court to reduce the length of an award
  608         of durational alimony based on certain payments made
  609         by the obligor; authorizing the court to extend
  610         durational alimony under certain circumstances;
  611         requiring the court to make certain written findings
  612         when awarding durational alimony; requiring the court
  613         to consider specified factors when determining an
  614         alimony award involving the existence of a supportive
  615         relationship between the obligee and another person;
  616         providing for the burden of proof in such
  617         determinations; providing construction; providing for
  618         the termination of a durational alimony award upon
  619         retirement of the obligor under certain circumstances;
  620         providing a formula for the calculation of durational
  621         alimony; providing that a party who has reached
  622         retirement age before adjudication of a petition for
  623         dissolution of marriage may not be ordered to pay
  624         alimony; providing exceptions; establishing that
  625         alimony may not be awarded to a party who has a
  626         certain monthly net income; prohibiting social
  627         security retirement benefits from being imputed to the
  628         obligor, with an exception; requiring an obligee to
  629         meet certain requirements if he or she alleges that a
  630         physical disability has impaired his or her ability to
  631         earn income; providing applicability; amending s.
  632         61.14, F.S.; authorizing the court to order an obligee
  633         to reimburse alimony payments to the obligor under
  634         certain circumstances; specifying a timeframe for the
  635         court to consider a supportive relationship between
  636         the obligee and another person for purposes of
  637         reducing or terminating an award of alimony or
  638         ordering reimbursement of alimony payments; providing
  639         for the burden of proof in such determinations;
  640         revising factors the court may consider when
  641         determining whether a supportive relationship exists
  642         or existed between the obligee and another person;
  643         requiring the court to make its findings related to
  644         such factors in writing; providing that an obligor’s
  645         subsequent remarriage or cohabitation is not a basis
  646         for modification of alimony; authorizing an obligor to
  647         file a notice of retirement and intent to terminate
  648         alimony within a specified timeframe before such
  649         retirement; providing notice and response
  650         requirements; requiring the court to make written
  651         findings regarding specified factors when deciding
  652         whether to reduce the amount or duration of alimony;
  653         providing for the reduction and termination of alimony
  654         within specified timeframes under certain
  655         circumstances; authorizing the court to extend
  656         durational alimony beyond an obligor’s retirement age
  657         under certain circumstances notwithstanding its other
  658         findings; authorizing the court to terminate an
  659         alimony obligation if the obligor retires at a
  660         reasonable age for his or her profession or line of
  661         work or is past his or her full retirement age;
  662         requiring the court to consider certain factors in
  663         determining whether the obligor’s retirement age is
  664         reasonable; authorizing an obligor to prospectively
  665         file a petition for modification or termination of
  666         alimony, effective upon his or her retirement;
  667         requiring a court to modify or terminate an alimony
  668         award upon retirement of the obligor, with an
  669         exception; providing that certain benefits of the
  670         obligee constitute a change in circumstance for which
  671         an obligor may seek modification of an alimony award;
  672         providing that certain agreements on alimony payments
  673         are considered expressly modifiable or eligible for
  674         termination under certain circumstances; amending s.
  675         61.19, F.S.; requiring the court to grant, upon
  676         request of either party, a final judgment of
  677         dissolution of marriage and reserve jurisdiction to
  678         adjudicate other substantive issues, under certain
  679         circumstances; providing for temporary orders
  680         necessary to protect the parties and their children,
  681         if any; providing that such temporary orders are
  682         effective until all other issues are adjudicated by
  683         the court; providing applicability; providing an
  684         effective date.