Florida Senate - 2022                                    SB 1796
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-00014B-22                                          20221796__
    1                        A bill to be entitled                      
    2         An act relating to dissolution of marriage; amending
    3         s. 61.046, F.S.; defining the term “active gross
    4         income”; revising the definition of the term “income”;
    5         amending s. 61.08, F.S.; defining terms; requiring the
    6         court to prioritize certain forms of alimony;
    7         authorizing the court to grant permanent alimony only
    8         if both parties enter into such agreement; requiring
    9         the court to make certain written findings in its
   10         awards of alimony; prohibiting the court from denying
   11         or granting an award of alimony solely on the basis of
   12         adultery, with an exception; revising factors that the
   13         court must consider in determining the proper type and
   14         amount of alimony; authorizing a party to whom the
   15         court has awarded alimony to purchase or maintain a
   16         life insurance policy on the obligor’s life to protect
   17         an award of alimony; requiring the obligor to
   18         cooperate in the process of procuring the life
   19         insurance; modifying certain rebuttable presumptions
   20         related to the duration of a marriage for purposes of
   21         determining alimony; prohibiting an award of
   22         rehabilitative alimony from exceeding specified
   23         timeframes; revising a provision authorizing the
   24         modification of rehabilitative alimony upon completion
   25         of the rehabilitative plan to include a certain
   26         condition; revising provisions related to durational
   27         alimony; prohibiting the length of an award of
   28         durational alimony from exceeding specified
   29         timeframes; authorizing the court to extend durational
   30         alimony under certain circumstances; specifying what
   31         constitutes the length of a marriage for the purpose
   32         of determining durational alimony; requiring the court
   33         to make certain written findings when awarding
   34         durational alimony; requiring the court to consider
   35         specified factors when determining an alimony award
   36         involving the existence of a supportive relationship
   37         between the obligee and another person; providing for
   38         the burden of proof in such determinations; providing
   39         construction; providing for the termination of a
   40         durational alimony award upon retirement of the
   41         obligor under certain circumstances; providing a
   42         formula for the calculation of durational alimony;
   43         providing that a party who has reached retirement age
   44         in accordance with specified provisions may not be
   45         ordered to pay alimony; providing exceptions;
   46         establishing that alimony may not be awarded to a
   47         party who has a certain monthly net income;
   48         prohibiting social security retirement benefits from
   49         being imputed to the obligor, with an exception;
   50         requiring an obligee to meet certain requirements if
   51         he or she alleges that a physical disability has
   52         impaired his or her ability to earn income; requiring
   53         the court to consider any alimony payments made to the
   54         obligee when determining the amount and length of
   55         rehabilitative or durational alimony; providing
   56         applicability; amending s. 61.14, F.S.; authorizing
   57         the court to order an obligee to reimburse alimony
   58         payments to the obligor under certain circumstances;
   59         specifying a timeframe for the court to consider a
   60         supportive relationship between the obligee and
   61         another person for purposes of reducing or terminating
   62         an award of alimony or ordering reimbursement of
   63         alimony payments; providing for the burden of proof in
   64         such determinations; revising factors the court may
   65         consider when determining whether a supportive
   66         relationship exists or existed between the obligee and
   67         another person; requiring the court to make its
   68         findings related to such factors in writing; providing
   69         that an obligor’s subsequent remarriage or
   70         cohabitation is not a basis for modification of
   71         alimony; prohibiting modifications of alimony awards
   72         based on the income of either party’s subsequent
   73         spouse or person with whom he or she resides;
   74         authorizing an obligor to file a notice of retirement
   75         and intent to terminate alimony within a specified
   76         timeframe before such retirement; providing notice and
   77         response requirements; requiring the court to make
   78         written findings regarding specified factors when
   79         deciding whether to reduce the amount or duration of
   80         alimony; providing for the reduction and termination
   81         of alimony within specified timeframes under certain
   82         circumstances; authorizing the court to extend
   83         durational alimony beyond an obligor’s retirement age
   84         under certain circumstances notwithstanding its other
   85         findings; authorizing the court to terminate an
   86         alimony obligation if the obligor retires at a
   87         reasonable age for his or her profession or line of
   88         work; requiring the court to consider certain factors
   89         in determining whether the obligor’s retirement age is
   90         reasonable; authorizing an obligor to prospectively
   91         file a petition for modification or termination of
   92         alimony, effective upon his or her retirement;
   93         requiring a court to modify or terminate an alimony
   94         award upon retirement of the obligor, with an
   95         exception; providing that certain benefits of the
   96         obligee constitute a change in circumstance for which
   97         an obligor may seek modification of an alimony award;
   98         providing that certain agreements on alimony payments
   99         are considered expressly modifiable or eligible for
  100         termination under certain circumstances; amending s.
  101         61.19, F.S.; requiring the court to grant, upon
  102         request of either party, a final judgment of
  103         dissolution of marriage and reserve jurisdiction to
  104         adjudicate other substantive issues, under certain
  105         circumstances; providing for temporary orders
  106         necessary to protect the parties and their children,
  107         if any; providing that such temporary orders are
  108         effective until all other issues are adjudicated by
  109         the court; providing applicability; providing an
  110         effective date.
  111          
  112  Be It Enacted by the Legislature of the State of Florida:
  113  
  114         Section 1. Present subsections (1) through (23) of section
  115  61.046, Florida Statutes, are redesignated as subsections (2)
  116  through (24), respectively, a new subsection (1) is added to
  117  that section, and present subsection (8) of that section is
  118  amended, to read:
  119         61.046 Definitions.—As used in this chapter, the term:
  120         (1)“Active gross income” means salary, wages, bonuses,
  121  commissions, allowances, overtime, tips, and other similar
  122  payments and business income from self-employment, partnership,
  123  close corporations, independent contracts, and other similar
  124  sources. For purposes of this definition,business income”
  125  means gross receipts minus ordinary and necessary expenses
  126  required to produce income and requires that such business
  127  income be derived in a way that meets any of the material
  128  participation tests outlined in the Internal Revenue Service’s
  129  Publication 925 (2020), Passive Activity and At-Risk Rules.
  130         (9)(8) “Income” means any form of payment to an individual,
  131  regardless of source, including, but not limited to,: wages,
  132  salary, commissions and bonuses, compensation as an independent
  133  contractor, worker’s compensation, disability benefits, annuity
  134  and retirement benefits, pensions, dividends, interest,
  135  royalties, trust distributions trusts, and any other payments,
  136  made by any person, private entity, federal or state government,
  137  or any unit of local government. United States Department of
  138  Veterans Affairs disability benefits, involuntary combat-related
  139  disability benefits, and combat-related special compensation
  140  disability benefits, provided the servicemember recipient has
  141  not elected to have the amount of retirement benefits to which
  142  he or she is entitled reduced by the receipt of such disability
  143  benefits, and reemployment assistance or unemployment
  144  compensation, as defined in chapter 443, are excluded from this
  145  definition of income except for purposes of establishing an
  146  amount of child support.
  147         Section 2. Section 61.08, Florida Statutes, is amended to
  148  read:
  149         61.08 Alimony.—
  150         (1)As used in this section, the term:
  151         (a)“Alimony” means a court-ordered or voluntary payment of
  152  support by one spouse to the other spouse. The term includes any
  153  voluntary payment made after the date of filing an order for
  154  maintenance, spousal support, temporary support, or separate
  155  support when the payment is not intended for the benefit of a
  156  child in common.
  157         (b)“Gross income” means gross income as determined in
  158  accordance with s. 61.30(2).
  159         (c)“Net income” means income that is determined by
  160  subtracting allowable deductions from gross income. For purposes
  161  of this section, allowable deductions include any of the
  162  following:
  163         1.Federal, state, or local income tax deductions, adjusted
  164  for actual filing status and allowable dependents, and income
  165  tax liabilities.
  166         2.Federal insurance contributions or self-employment tax.
  167         3.Mandatory union dues.
  168         4.Mandatory retirement payments.
  169         5.Health insurance payments, excluding payments for
  170  coverage of a minor child.
  171         6.Court-ordered support for other children which is
  172  actually paid.
  173         7.Spousal support paid pursuant to a court order from a
  174  previous marriage.
  175         (2)(a)(1) In a proceeding for dissolution of marriage, the
  176  court may grant alimony to either party in the form of, which
  177  alimony may be bridge-the-gap, rehabilitative, or durational
  178  alimony, or a permanent in nature or any combination of these
  179  forms of alimony, but shall prioritize an award of bridge-the
  180  gap alimony, followed by rehabilitative alimony, over any other
  181  form of alimony. The court may grant permanent alimony only if
  182  the parties enter into an agreement for permanent alimony. In an
  183  any award of alimony, the court may order periodic payments, or
  184  payments in lump sum, or both.
  185         (b)The court shall make written findings regarding the
  186  basis for awarding a combination of forms of alimony, including
  187  the type of alimony and the length of time for which the alimony
  188  is awarded. The court may award a combination of forms of
  189  alimony only to provide greater economic assistance in order to
  190  allow the recipient to achieve rehabilitation.
  191         (c) The court may consider the adultery of either spouse
  192  and the circumstances thereof in determining the amount of
  193  alimony, if any, to be awarded. However, the adultery of a
  194  spouse may not be the court’s sole basis for denying a request
  195  for alimony or awarding alimony, unless the adultery contributed
  196  to a depletion of marital assets. In all dissolution actions,
  197  the court shall include written findings of fact relative to the
  198  factors provided enumerated in subsection (3) (2) supporting the
  199  an award or denial of alimony.
  200         (3)(2) In determining whether to award alimony or
  201  maintenance, the court shall first make a specific, written
  202  factual determination as to whether the either party seeking
  203  alimony or maintenance has an actual need for it alimony or
  204  maintenance and whether the other either party has the ability
  205  to pay alimony or maintenance. If the court finds that the a
  206  party seeking alimony or maintenance has a need for it alimony
  207  or maintenance and that the other party has the ability to pay
  208  alimony or maintenance, then in determining the proper type and
  209  amount of alimony or maintenance under subsections (5)-(9) (5)
  210  (8), the court must shall consider all relevant factors,
  211  including, but not limited to:
  212         (a) The standard of living established during the marriage,
  213  including the needs and necessities of life for each party after
  214  the dissolution of marriage, taking into consideration the
  215  presumption that both parties will have a lower standard of
  216  living after the dissolution of marriage than their standard of
  217  living during the marriage. This presumption may be overcome by
  218  a preponderance of the evidence.
  219         (b) The duration of the marriage.
  220         (c) The age and the physical and emotional condition of
  221  each party.
  222         (d) The financial resources of each party, including the
  223  nonmarital and the marital assets and liabilities distributed to
  224  each.
  225         (e) The earning capacities, educational levels, vocational
  226  skills, and employability of the parties and, when applicable,
  227  the time necessary for either party to acquire sufficient
  228  education or training to enable such party to find appropriate
  229  employment.
  230         (f) The contribution of each party to the marriage,
  231  including, but not limited to, services rendered in homemaking,
  232  child care, education, and career building of either the other
  233  party.
  234         (g) The responsibilities each party will have with regard
  235  to any minor children whom the parties they have in common.
  236         (h) The tax treatment and consequences to both parties of
  237  an any alimony award, including the designation of all or a
  238  portion of the payment as a nontaxable, nondeductible payment.
  239         (i) All sources of income available to either party,
  240  including income available to either party through investments
  241  of any asset held by that party.
  242         (j) Any other factor necessary for to do equity and justice
  243  between the parties, if such factor is specifically identified
  244  in the award with findings of fact justifying the application of
  245  such factor.
  246         (4)(3) To the extent necessary to protect an award of
  247  alimony, the obligee may court may order any party who is
  248  ordered to pay alimony to purchase or maintain a life insurance
  249  policy on the obligor’s life in an amount adequate to or a bond,
  250  or to otherwise secure such alimony award. If the obligee
  251  purchases a life insurance policy, the obligor must cooperate in
  252  the process of procuring the issuance and underwriting of the
  253  life insurance policy with any other assets which may be
  254  suitable for that purpose.
  255         (5)(4) For purposes of determining alimony, there is a
  256  rebuttable presumption that a short-term marriage is a marriage
  257  having a duration of less than 10 7 years, a moderate-term
  258  marriage is a marriage having a duration between of greater than
  259  10 7 years and 20 but less than 17 years, and a long-term
  260  marriage is a marriage having a duration of 20 17 years or
  261  longer greater. The length of a marriage is the period of time
  262  from the date of marriage until the date of filing of an action
  263  for dissolution of marriage.
  264         (6)(5) Bridge-the-gap alimony may be awarded to assist a
  265  party by providing support to allow the party to make a
  266  transition from being married to being single. Bridge-the-gap
  267  alimony is designed to assist a party with legitimate
  268  identifiable short-term needs, and the length of an award of
  269  bridge-the-gap alimony may not exceed 2 years. An award of
  270  bridge-the-gap alimony terminates upon the death of either party
  271  or upon the remarriage of the party receiving alimony. An award
  272  of bridge-the-gap alimony is shall not be modifiable in amount
  273  or duration.
  274         (7)(a)(6)(a) Rehabilitative alimony may be awarded to
  275  assist a party in establishing the capacity for self-support
  276  through either:
  277         1. The redevelopment of previous skills or credentials; or
  278         2. The acquisition of education, training, or work
  279  experience necessary to develop appropriate employment skills or
  280  credentials.
  281         (b) In order to award rehabilitative alimony, there must be
  282  a specific and defined rehabilitative plan which shall be
  283  included as a part of any order awarding rehabilitative alimony.
  284         (c) The length of an award of rehabilitative alimony may
  285  not exceed 5 years or the limitations for durational alimony as
  286  provided in subsection (8), whichever period of time is shorter.
  287         (d) An award of rehabilitative alimony may be modified or
  288  terminated in accordance with s. 61.14 based upon a substantial
  289  change in circumstances, upon noncompliance with the
  290  rehabilitative plan, or upon completion of the rehabilitative
  291  plan if the plan is completed before the length of the award of
  292  rehabilitative alimony expires.
  293         (8)(a)(7) Durational alimony may be awarded when permanent
  294  periodic alimony is inappropriate. The purpose of durational
  295  alimony is to provide a party with economic assistance for a set
  296  period of time following a marriage of short or moderate
  297  duration or following a marriage of long duration if there is no
  298  ongoing need for support on a permanent basis. An award of
  299  durational alimony terminates upon the death of either party or
  300  upon the remarriage of the party receiving alimony. The amount
  301  of an award of durational alimony may be modified or terminated
  302  based upon a substantial change in circumstances in accordance
  303  with s. 61.14. Durational alimony may not be awarded following a
  304  marriage lasting fewer than 3 years. However, The length of an
  305  award of durational alimony may not be modified except under
  306  exceptional circumstances and may not exceed 50 percent of the
  307  length of a the marriage lasting between 3 and 10 years, 60
  308  percent of the length of a marriage lasting between 10 and 20
  309  years, or 75 percent of the length of a marriage lasting 20
  310  years or longer. However, if the party seeking alimony is either
  311  medically needy under part III of chapter 409 and related rules
  312  or is the full-time in-home caregiver to a fully and permanently
  313  mentally or physically disabled child who is common to the
  314  parties, the court may extend durational alimony beyond the
  315  thresholds established in this subsection based on the duration
  316  of the marriage until the death of the child or until the court
  317  determines that there is no longer a need for durational
  318  alimony. For purposes of this subsection, the length of a
  319  marriage is the period of time beginning on the date of marriage
  320  and ending on the date an action for dissolution of marriage is
  321  filed. When awarding durational alimony, the court must make
  322  written findings that an award of another type of alimony, or a
  323  combination of the other forms of alimony, is not appropriate.
  324         (b)In determining the extent to which alimony should be
  325  granted because a supportive relationship exists or has existed
  326  between the party seeking alimony and another person who is not
  327  related by consanguinity or affinity at any time since 180 days
  328  before the filing of the petition of dissolution of marriage,
  329  the court shall consider all relevant factors presented
  330  concerning the nature and extent of the supportive relationship
  331  in question. The burden is on the obligor to prove by a
  332  preponderance of the evidence that a supportive relationship
  333  exists. If a supportive relationship is proven to exist, the
  334  burden shifts to the obligee to disprove by a preponderance of
  335  the evidence that the court should deny or reduce the initial
  336  award of alimony or reduce or terminate an existing award of
  337  alimony. The court must make written finding of fact concerning
  338  the circumstances of the supportive relationship, including, but
  339  not limited to, the factors set forth in subsection (3) and all
  340  of the following factors:
  341         1.The extent to which the obligee and the other person
  342  have held themselves out as a married couple by engaging in such
  343  conduct as using the same last name, using a common mailing
  344  address, referring to each other in terms such as “my husband,
  345  “my wife,” “my partner,” or “my fiance,” or otherwise conducting
  346  themselves in a manner that evidences a permanent or
  347  longstanding committed and supportive relationship.
  348         2.Whether the obligee has resided with the other person
  349  and, if so, for what period of time.
  350         3.The extent to which the obligee and the other person
  351  have pooled their income or assets, have acquired or maintained
  352  joint bank or financial accounts, or have otherwise exhibited
  353  financial interdependence.
  354         4.The extent to which the obligee or the other person has
  355  financially or economically supported the other, in whole or in
  356  part.
  357         5.The extent to which the obligee or the other person has
  358  performed financial or economic services for the other.
  359         6.The extent to which the obligee or the other person has
  360  performed services for the other’s business entity or employer.
  361         7.The extent to which the obligee and the other person
  362  have together acquired any assets or created or enhanced
  363  anything of value.
  364         8.The extent to which the obligee and the other person
  365  have jointly contributed to the purchase of any real or personal
  366  property.
  367         9.Evidence that the obligee and the other person have an
  368  express or implied agreement regarding property sharing or
  369  financial support.
  370         10.The extent to which the obligee and the other person
  371  have provided support to the children of one or the other,
  372  regardless of any legal duty to do so.
  373         11.Whether the obligee and the other person are engaged to
  374  be married.
  375  
  376  This paragraph does not abrogate the requirement that every
  377  marriage in this state be solemnized under a license, does not
  378  recognize a common law marriage as valid, and does not recognize
  379  a de facto marriage. This paragraph recognizes only that those
  380  relationships do exist which provide economic support equivalent
  381  to a marriage and that alimony terminable on remarriage may be
  382  reduced or terminated upon the establishment of equivalent
  383  equitable circumstances as described in this paragraph. The
  384  existence of a conjugal relationship, though it may be relevant
  385  to the nature and extent of the relationship, is not necessary
  386  for the application of this paragraph.
  387         (c)In the event that the party obliged to pay alimony
  388  reaches 65 years of age or the customary retirement age for his
  389  or her profession before the end of the durational period
  390  indicated by paragraph (a), the durational alimony shall end on
  391  such retirement date if all of the following conditions are met:
  392         1.The payor files a notice of retirement and intent to
  393  terminate alimony with the court and personally serves the
  394  alimony recipient or his or her last known attorney of record at
  395  least 1 year before the date that the obligor’s retirement is
  396  intended to become effective.
  397         2.The obligee has not contested the notice of retirement
  398  and intent to terminate alimony according to the factors
  399  specified in s. 61.14(12)(b) or the court has determined that
  400  such factors do not apply.
  401  
  402  If the conditions of this paragraph are met, the obligor’s
  403  obligation to pay alimony ends 1 year after the date of filing
  404  of the notice of retirement and intent to terminate alimony or
  405  on the date the obligor reaches 65 years of age, whichever
  406  occurs later. However, if the obligor continues to work beyond
  407  his or her retirement age as provided under this paragraph and
  408  earns active gross income of more than 50 percent of the
  409  obligor’s average preretirement annual active gross income for
  410  the 3 years preceding his or her retirement age, the court may
  411  extend alimony until the durational limitations established in
  412  this subsection have been satisfied or the obligor retires and
  413  reduces his or her active gross income below the 50 percent
  414  threshold established in this paragraph.
  415         (d)The amount of durational alimony is the amount
  416  determined to be the obligee’s reasonable need or an amount not
  417  to exceed 35 percent of the difference between the parties’ net
  418  incomes, whichever amount is less.
  419         (9)A party against whom alimony is sought who has met the
  420  requirements for retirement in accordance with s. 61.14(12)
  421  before the filing of the petition for dissolution of marriage
  422  may not be ordered to pay bridge-the-gap, rehabilitative, or
  423  durational alimony, unless the court determines that:
  424         (a)The party seeking alimony has not reached the age to
  425  qualify for any social security retirement benefits; and
  426         (b)1.As a result of the dissolution of marriage, the party
  427  seeking alimony would have an income less than 130 percent of
  428  the federal poverty guidelines for a one-person household, as
  429  published by the United States Department of Health and Human
  430  Services, based on the income and investable assets available
  431  after the dissolution is final, including any retirement assets
  432  from which the obligee can access income without incurring early
  433  withdrawal penalties; or
  434         2.The party seeking alimony is the full-time in-home
  435  caregiver to a fully and permanently mentally or physically
  436  disabled child who is common to the parties or the party is
  437  permanently and mentally or physically disabled and unable to
  438  provide for his or her own support, either partially or fully.
  439         (10)Notwithstanding any other law, alimony may not be
  440  awarded to a party who has a monthly net income that is equal to
  441  or more than the other party’s monthly net income.
  442         (11)Social security retirement benefits may not be imputed
  443  to the obligor as demonstrated by a social security retirement
  444  benefits entitlement letter unless those benefits are actually
  445  being paid.
  446         (12)If the obligee alleges that a physical disability has
  447  impaired his or her capability to earn income, the obligee must
  448  have qualified for benefits under the Social Security
  449  Administration Disability Insurance Program or, in the event the
  450  obligee is not eligible for the program, must demonstrate that
  451  his or her disability meets the disability qualification
  452  standards of the Social Security Administration Disability
  453  Insurance Program.
  454         (8)Permanent alimony may be awarded to provide for the
  455  needs and necessities of life as they were established during
  456  the marriage of the parties for a party who lacks the financial
  457  ability to meet his or her needs and necessities of life
  458  following a dissolution of marriage. Permanent alimony may be
  459  awarded following a marriage of long duration if such an award
  460  is appropriate upon consideration of the factors set forth in
  461  subsection (2), following a marriage of moderate duration if
  462  such an award is appropriate based upon clear and convincing
  463  evidence after consideration of the factors set forth in
  464  subsection (2), or following a marriage of short duration if
  465  there are written findings of exceptional circumstances. In
  466  awarding permanent alimony, the court shall include a finding
  467  that no other form of alimony is fair and reasonable under the
  468  circumstances of the parties. An award of permanent alimony
  469  terminates upon the death of either party or upon the remarriage
  470  of the party receiving alimony. An award may be modified or
  471  terminated based upon a substantial change in circumstances or
  472  upon the existence of a supportive relationship in accordance
  473  with s. 61.14.
  474         (9)The award of alimony may not leave the payor with
  475  significantly less net income than the net income of the
  476  recipient unless there are written findings of exceptional
  477  circumstances.
  478         (13)(a)(10)(a) With respect to any order requiring the
  479  payment of alimony entered on or after January 1, 1985, unless
  480  the provisions of paragraph (c) or paragraph (d) applies apply,
  481  the court shall direct in the order that the payments of alimony
  482  be made through the appropriate depository as provided in s.
  483  61.181.
  484         (b) With respect to any order requiring the payment of
  485  alimony entered before January 1, 1985, upon the subsequent
  486  appearance, on or after that date, of one or both parties before
  487  the court having jurisdiction for the purpose of modifying or
  488  enforcing the order or in any other proceeding related to the
  489  order, or upon the application of either party, unless the
  490  provisions of paragraph (c) or paragraph (d) applies apply, the
  491  court shall modify the terms of the order as necessary to direct
  492  that payments of alimony be made through the appropriate
  493  depository as provided in s. 61.181.
  494         (c) If there is no minor child, alimony payments need not
  495  be directed through the depository.
  496         (d)1. If there is a minor child of the parties and both
  497  parties so request, the court may order that alimony payments
  498  need not be directed through the depository. In this case, the
  499  order of support must shall provide, or be deemed to provide,
  500  that either party may subsequently apply to the depository to
  501  require that payments be made through the depository. The court
  502  shall provide a copy of the order to the depository.
  503         2. If the provisions of subparagraph 1. applies apply,
  504  either party may subsequently file with the depository an
  505  affidavit alleging default or arrearages in payment and stating
  506  that the party wishes to initiate participation in the
  507  depository program. The party shall provide copies of the
  508  affidavit to the court and the other party or parties. Fifteen
  509  days after receipt of the affidavit, the depository shall notify
  510  all parties that future payments shall be directed to the
  511  depository.
  512         3. In IV-D cases, the IV-D agency has shall have the same
  513  rights as the obligee in requesting that payments be made
  514  through the depository.
  515         (14)The court shall consider any alimony payments made to
  516  the obligee after the date of filing of a petition for
  517  dissolution of marriage, either voluntarily or pursuant to a
  518  court order, in determining the amount and length of an award of
  519  rehabilitative or durational alimony.
  520         (15)The court shall apply this section to all petitions
  521  for dissolution of marriage which have not been adjudicated
  522  before July 1, 2022, and to any petitions for dissolution of
  523  marriage filed on or after July 1, 2022.
  524         Section 3. Paragraph (b) of subsection (1) of section
  525  61.14, Florida Statutes, is amended, and paragraph (c) is added
  526  to subsection (11) and subsections (12), (13), and (14) are
  527  added to that section, to read:
  528         61.14 Enforcement and modification of support, maintenance,
  529  or alimony agreements or orders.—
  530         (1)
  531         (b)1. The court may reduce or terminate an award of alimony
  532  or order reimbursement to the obligor for any amount the court
  533  determines is equitable upon specific written findings by the
  534  court that since the granting of a divorce and the award of
  535  alimony, a supportive relationship exists or has existed between
  536  the obligee and another a person at any time during the 180 days
  537  before the filing of a petition for modification of alimony with
  538  whom the obligee resides. On the issue of whether alimony should
  539  be reduced or terminated under this paragraph, the burden is on
  540  the obligor to prove by a preponderance of the evidence that a
  541  supportive relationship exists or existed. If a supportive
  542  relationship is proven to exist, the burden shifts to the
  543  obligee to disprove, by a preponderance of the evidence, that
  544  the court should deny or reduce an initial award of alimony or
  545  reduce or terminate an existing award of alimony.
  546         2. In determining whether an existing award of alimony
  547  should be reduced or terminated because of an alleged supportive
  548  relationship between an obligee and a person who is not related
  549  by consanguinity or affinity and with whom the obligee resides,
  550  the court must make written findings of fact concerning the
  551  circumstances of the supportive relationship, including, but not
  552  limited to, the factors set forth in s. 61.08(8)(b) shall elicit
  553  the nature and extent of the relationship in question. The court
  554  shall give consideration, without limitation, to circumstances,
  555  including, but not limited to, the following, in determining the
  556  relationship of an obligee to another person:
  557         a.The extent to which the obligee and the other person
  558  have held themselves out as a married couple by engaging in
  559  conduct such as using the same last name, using a common mailing
  560  address, referring to each other in terms such as “my husband”
  561  or “my wife,” or otherwise conducting themselves in a manner
  562  that evidences a permanent supportive relationship.
  563         b.The period of time that the obligee has resided with the
  564  other person in a permanent place of abode.
  565         c.The extent to which the obligee and the other person
  566  have pooled their assets or income or otherwise exhibited
  567  financial interdependence.
  568         d.The extent to which the obligee or the other person has
  569  supported the other, in whole or in part.
  570         e.The extent to which the obligee or the other person has
  571  performed valuable services for the other.
  572         f.The extent to which the obligee or the other person has
  573  performed valuable services for the other’s company or employer.
  574         g.Whether the obligee and the other person have worked
  575  together to create or enhance anything of value.
  576         h.Whether the obligee and the other person have jointly
  577  contributed to the purchase of any real or personal property.
  578         i.Evidence in support of a claim that the obligee and the
  579  other person have an express agreement regarding property
  580  sharing or support.
  581         j.Evidence in support of a claim that the obligee and the
  582  other person have an implied agreement regarding property
  583  sharing or support.
  584         k.Whether the obligee and the other person have provided
  585  support to the children of one another, regardless of any legal
  586  duty to do so.
  587         3.This paragraph does not abrogate the requirement that
  588  every marriage in this state be solemnized under a license, does
  589  not recognize a common law marriage as valid, and does not
  590  recognize a de facto marriage. This paragraph recognizes only
  591  that relationships do exist that provide economic support
  592  equivalent to a marriage and that alimony terminable on
  593  remarriage may be reduced or terminated upon the establishment
  594  of equivalent equitable circumstances as described in this
  595  paragraph. The existence of a conjugal relationship, though it
  596  may be relevant to the nature and extent of the relationship, is
  597  not necessary for the application of the provisions of this
  598  paragraph.
  599         (11)
  600         (c)An obligor’s subsequent remarriage or cohabitation does
  601  not constitute a basis for either party to seek a modification
  602  of an alimony award. An obligee may not seek modification to
  603  increase an award of alimony based on the income of the
  604  obligor’s subsequent spouse or the person with whom the obligor
  605  resides, and the obligor may not seek modification to reduce an
  606  award of alimony based on the obligor’s reliance upon the income
  607  and assets of the obligor’s subsequent spouse or person with
  608  whom the obligor resides.
  609         (12)(a)Up to 12 months before seeking to terminate alimony
  610  as provided under this section, an obligor may file a notice of
  611  retirement and intent to terminate alimony with the court and
  612  shall personally serve the obligee or his or her last known
  613  attorney of record with such notice.
  614         (b)The obligee shall have 20 days after the date of
  615  service of the notice to request the court to enter findings
  616  that as of the date of filing of the notice:
  617         1.The reduction or termination of alimony would result in
  618  any of the following:
  619         a.The obligee’s income would be less than 130 percent of
  620  the federal poverty guidelines for a one-person household, as
  621  published by the United States Department of Health and Human
  622  Services, based on the obligee’s income and investable assets,
  623  including any retirement assets from which the obligee can
  624  access income without incurring early withdrawal penalties.
  625         b.A violation of the terms of the marital settlement
  626  agreement between the parties because the marital settlement
  627  agreement either does not allow for modification or termination
  628  of the alimony award or the proposed reduction in alimony does
  629  not comply with applicable terms for modification of alimony
  630  specified in the agreement;
  631         2.The obligee is the full-time in-home caregiver to a
  632  fully and permanently mentally or physically disabled child who
  633  is common to the parties; or
  634         3.The obligee is permanently mentally or physically
  635  disabled and unable to provide for his or her own support,
  636  either partially or fully.
  637         (c)If the court makes any of the findings specified in
  638  paragraph (b), the court must consider and make written findings
  639  regarding the following factors when deciding whether to reduce
  640  either the amount or duration of alimony:
  641         1.The duration of the marriage.
  642         2.The financial resources of the obligee, including the
  643  nonmarital and marital assets and liabilities distributed to the
  644  obligee, as well as the obligee’s role in conserving or
  645  depleting the marital assets distributed at the dissolution of
  646  marriage.
  647         3.The sources of income available to the obligee,
  648  including income available to the obligee through investments of
  649  any asset, including retirement assets from which the obligee
  650  can access income without incurring early withdrawal penalties.
  651         4.The effort and sacrifices of time and leisure necessary
  652  for the obligor to continue to provide such alimony and
  653  consideration of the presumption that the obligor has a right to
  654  retire when attaining full retirement age as per the Social
  655  Security Administration.
  656         5.The age and health of the obligor.
  657         6.The terms of the marital settlement agreement between
  658  the parties which govern modification of alimony.
  659         (d)If the court does not make any of the findings
  660  specified in paragraph (b), the alimony award amount shall
  661  decrease by 25 percent on the date the obligor reaches 65 years
  662  of age or 1 year after the date on which the notice of
  663  retirement and intent to terminate alimony is filed, whichever
  664  occurs later, and shall continue to decrease by 25 percent each
  665  year thereafter until the date the obligor reaches 68 years of
  666  age or 4 years after the date on which the notice is filed,
  667  whichever occurs later, at which time alimony shall terminate.
  668         (e)Notwithstanding paragraphs (a)-(d), if the obligor
  669  continues to work beyond full retirement age as determined by
  670  the United States Social Security Administration or beyond the
  671  reasonable retirement age for his or her profession or line of
  672  work as determined in paragraph (f), whichever occurs earlier,
  673  and earns active gross income of more than 50 percent of the
  674  obligor’s average preretirement annual active gross income for
  675  the 3 years preceding his or her retirement age or reasonable
  676  retirement age, as applicable, the court may extend alimony
  677  until the obligor retires and reduces his or her active gross
  678  income below the 50 percent active gross income threshold
  679  established under this paragraph.
  680         (f)If an obligor seeks to retire at an age that is
  681  reasonable for his or her profession or line of work, but before
  682  he or she reaches 65 years of age, the court may terminate an
  683  alimony award if it determines that the obligor’s retirement is
  684  reasonable. In determining whether the obligor’s retirement is
  685  reasonable, the court shall consider all of the following:
  686         1.The obligor’s age and health.
  687         2.The obligor’s motivation for retirement.
  688         3.The obligor’s profession or line of work and the typical
  689  retirement age for that profession or line of work.
  690         4.The impact that a termination or reduction of alimony
  691  would have on the obligee. In determining the impact, the court
  692  must consider any assets accumulated or received by the obligee
  693  since the final judgment of dissolution of marriage, including
  694  any income generated by such assets and retirement assets from
  695  which the obligee can access income without incurring early
  696  withdrawal penalties, and the obligee’s role in the depletion or
  697  conservation of any assets.
  698         (g)Up to 12 months before the obligor’s anticipated
  699  retirement under paragraph (f), the obligor may file a petition
  700  to modify or terminate the alimony award, effective upon his or
  701  her actual retirement date. The court shall modify or terminate
  702  the alimony award after the obligor’s retirement unless the
  703  court makes written findings of fact under paragraph (f) that
  704  the obligor’s retirement is not reasonable.
  705         (13)Any amount of social security or disability benefits
  706  or retirement payments received by an obligee subsequent to an
  707  initial award of alimony constitutes a change in circumstances
  708  for which an obligor may seek modification of an alimony award.
  709         (14)Agreements on alimony payments, voluntary or pursuant
  710  to a court order, which allow for modification or termination of
  711  alimony by virtue of either party reaching a certain age,
  712  income, or other threshold, or agreements that establish a
  713  limited period of time after which alimony is modifiable, are
  714  considered agreements that are expressly modifiable or eligible
  715  for termination for purposes of this section once the specified
  716  condition is met.
  717         Section 4. Section 61.19, Florida Statutes, is amended to
  718  read:
  719         61.19 Entry of judgment of dissolution of marriage;, delay
  720  period; separate adjudication of issues.—
  721         (1)A No final judgment of dissolution of marriage may not
  722  be entered until at least 20 days have elapsed from the date of
  723  filing the original petition for dissolution of marriage,; but
  724  the court, on a showing that injustice would result from this
  725  delay, may enter a final judgment of dissolution of marriage at
  726  an earlier date.
  727         (2)If more than 365 days have elapsed after the date of
  728  service of the original petition for dissolution of marriage,
  729  absent a showing by either party that irreparable harm will
  730  result from granting a final judgment of dissolution of
  731  marriage, the court shall, upon request of either party, grant a
  732  final judgment of dissolution of marriage with a reservation of
  733  jurisdiction to subsequently determine all other substantive
  734  issues. Before granting the judgment, the court shall enter
  735  temporary orders necessary to protect the parties and their
  736  children, if any, which orders remain effective until all other
  737  issues are adjudicated by the court. This subsection applies to
  738  all petitions for dissolution of marriage filed on or after July
  739  1, 2022.
  740         Section 5. The court shall apply this act to any action
  741  pending on or after July 1, 2022.
  742         Section 6. This act shall take effect July 1, 2022.