Florida Senate - 2022                             CS for SB 1796
       
       
        
       By the Committee on Judiciary; and Senators Gruters, Rodriguez,
       Hooper, and Diaz
       
       
       
       
       590-02265-22                                          20221796c1
    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 make certain written findings in its awards
    7         of alimony; limiting the court’s ability to award a
    8         combination of forms of alimony to only certain
    9         circumstances; removing the court’s ability to
   10         consider adultery of either spouse in determining the
   11         amount of an alimony award; requiring the court to
   12         make certain findings in writing; revising factors
   13         that the court must consider in determining the proper
   14         type and amount of alimony; removing the court’s
   15         ability to order an obligor to purchase or maintain a
   16         life insurance policy or other instrument to secure an
   17         alimony award; authorizing a party to whom the court
   18         has awarded alimony to purchase or maintain a life
   19         insurance policy on the obligor’s life to protect an
   20         award of alimony; requiring the obligor to cooperate
   21         in the process of procuring the life insurance policy;
   22         modifying certain rebuttable presumptions related to
   23         the duration of a marriage for purposes of determining
   24         alimony; prohibiting the length of an award of
   25         rehabilitative alimony from exceeding a specified
   26         timeframe; revising a provision authorizing the
   27         modification of rehabilitative alimony upon completion
   28         of the rehabilitative plan to include a certain
   29         condition; revising provisions related to durational
   30         alimony; prohibiting the length of an award of
   31         durational alimony from exceeding specified
   32         timeframes; authorizing the court to extend durational
   33         alimony under certain circumstances; specifying what
   34         constitutes the length of a marriage for the purpose
   35         of determining durational alimony; requiring the court
   36         to make certain written findings when awarding
   37         durational alimony; providing a formula for the
   38         calculation of durational alimony; requiring the court
   39         to reduce the length of an award of durational alimony
   40         based on certain payments made by the obligor;
   41         requiring the court to consider specified factors when
   42         determining an alimony award involving the existence
   43         of a supportive relationship between the obligee and
   44         another person; providing for the burden of proof in
   45         such determinations; requiring the court to make
   46         certain written findings in such determinations ;
   47         providing for the termination of a durational alimony
   48         award upon retirement of the obligor under certain
   49         circumstances; providing an exception; providing that
   50         a party who has reached retirement age before
   51         adjudication of a petition for dissolution of marriage
   52         may not be ordered to pay alimony; providing
   53         exceptions; establishing that alimony may not be
   54         awarded to a party who has a certain monthly net
   55         income; prohibiting social security retirement
   56         benefits from being imputed to the obligor, with an
   57         exception; requiring an obligee to meet certain
   58         requirements if he or she alleges that a physical
   59         disability has impaired his or her ability to earn
   60         income; removing the court’s ability to grant
   61         permanent alimony; providing applicability; amending
   62         s. 61.14, F.S.; authorizing the court to order an
   63         obligee to reimburse alimony payments to the obligor
   64         under certain circumstances; specifying a timeframe
   65         for the court to consider a supportive relationship
   66         between the obligee and another person for purposes of
   67         reducing or terminating an award of alimony or
   68         ordering reimbursement of alimony payments; providing
   69         for the burden of proof in such determinations;
   70         revising factors the court may consider when
   71         determining whether a supportive relationship exists
   72         or existed between the obligee and another person;
   73         requiring the court to make its findings related to
   74         such factors in writing; providing that an obligor’s
   75         subsequent remarriage or cohabitation is not a basis
   76         for modification of alimony; authorizing an obligor to
   77         file a notice of retirement and intent to terminate
   78         alimony within a specified timeframe before such
   79         retirement; providing notice and response
   80         requirements; requiring the court to make written
   81         findings regarding specified factors when deciding
   82         whether to reduce the amount or duration of alimony;
   83         providing for the reduction and termination of alimony
   84         within specified timeframes under certain
   85         circumstances; authorizing the court to extend
   86         durational alimony beyond an obligor’s full retirement
   87         age or reasonable retirement age for his or her
   88         profession or line of work under certain
   89         circumstances, notwithstanding its other findings;
   90         authorizing the court to terminate an alimony
   91         obligation if the obligor retires at a reasonable age
   92         for his or her profession or line of work or is past
   93         his or her full retirement age; requiring the court to
   94         consider certain factors in determining whether the
   95         obligor’s retirement is reasonable; authorizing an
   96         obligor to prospectively file a petition for
   97         modification or termination of alimony, effective upon
   98         his or her retirement; requiring a court to modify or
   99         terminate an alimony award upon retirement of the
  100         obligor, with an exception; providing that certain
  101         benefits of the obligee constitute a change in
  102         circumstances for which an obligor may seek
  103         modification of an alimony award; providing that
  104         certain agreements on alimony payments are considered
  105         expressly modifiable or eligible for termination under
  106         certain circumstances; amending s. 61.19, F.S.;
  107         requiring the court to grant, upon request of either
  108         party, a final judgment of dissolution of marriage and
  109         reserve jurisdiction to adjudicate other substantive
  110         issues, under certain circumstances; requiring the
  111         court to enter temporary orders necessary to protect
  112         the parties and their children, if any; providing that
  113         such temporary orders are effective until all other
  114         issues are adjudicated by the court; providing
  115         applicability; providing an effective date.
  116          
  117  Be It Enacted by the Legislature of the State of Florida:
  118  
  119         Section 1. Present subsections (1) through (23) of section
  120  61.046, Florida Statutes, are redesignated as subsections (2)
  121  through (24), respectively, a new subsection (1) is added to
  122  that section, and present subsection (8) of that section is
  123  amended, to read:
  124         61.046 Definitions.—As used in this chapter, the term:
  125         (1)“Active gross income” means salary, wages, bonuses,
  126  commissions, allowances, overtime, tips, and other similar
  127  payments and business income from self-employment, partnership,
  128  close corporations, independent contracts, and other similar
  129  sources. For purposes of this definition, “business income”
  130  means gross receipts minus ordinary and necessary expenses
  131  required to produce income and requires that such business
  132  income be derived in a way that meets any of the material
  133  participation tests outlined in the Internal Revenue Service’s
  134  Publication 925 (2020), Passive Activity and At-Risk Rules.
  135         (9)(8) “Income” means any form of payment to an individual,
  136  regardless of source, including, but not limited to,: wages,
  137  salary, commissions and bonuses, compensation as an independent
  138  contractor, worker’s compensation, disability benefits, annuity
  139  and retirement benefits, pensions, dividends, interest,
  140  royalties, trust distributions trusts, and any other payments,
  141  made by any person, private entity, federal or state government,
  142  or any unit of local government. United States Department of
  143  Veterans Affairs disability benefits and reemployment assistance
  144  or unemployment compensation, as defined in chapter 443, are
  145  excluded from this definition of income except for purposes of
  146  establishing an amount of 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) 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. In an any award of alimony, the court may
  180  order periodic payments, or payments in lump sum, or both.
  181         (b)The court shall make written findings regarding the
  182  basis for awarding a combination of forms of alimony, including
  183  the type of alimony and the length of time for which the alimony
  184  is awarded. The court may award a combination of forms of
  185  alimony only to provide greater economic assistance in order to
  186  allow the recipient to achieve rehabilitation.
  187         (c)The court may consider the adultery of either spouse
  188  and the circumstances thereof in determining the amount of
  189  alimony, if any, to be awarded. In all dissolution actions, the
  190  court shall include written findings of fact relative to the
  191  factors provided enumerated in subsection (3) (2) supporting the
  192  an award or denial of alimony.
  193         (3)(2) In determining whether to award alimony or
  194  maintenance, the court shall first make a specific, written
  195  factual determination as to whether the either party seeking
  196  alimony or maintenance has an actual need for it alimony or
  197  maintenance and whether the other either party has the ability
  198  to pay alimony or maintenance. If the court finds that the a
  199  party seeking alimony or maintenance has a need for it alimony
  200  or maintenance and that the other party has the ability to pay
  201  alimony or maintenance, then in determining the proper type and
  202  amount of alimony or maintenance under subsections (5)-(9) (5)
  203  (8), the court must shall consider all relevant factors,
  204  including, but not limited to:
  205         (a) The standard of living established during the marriage,
  206  including the needs and necessities of life for each party after
  207  the dissolution of marriage, taking into consideration the
  208  presumption that both parties will have a lower standard of
  209  living after the dissolution of marriage than their standard of
  210  living during the marriage. This presumption may be overcome by
  211  a preponderance of the evidence.
  212         (b) The duration of the marriage.
  213         (c) The age and the physical and emotional condition of
  214  each party.
  215         (d) The financial resources of each party, including the
  216  nonmarital and the marital assets and liabilities distributed to
  217  each.
  218         (e) The earning capacities, educational levels, vocational
  219  skills, and employability of the parties and, when applicable,
  220  the time necessary for either party to acquire sufficient
  221  education or training to enable such party to find appropriate
  222  employment.
  223         (f) The contribution of each party to the marriage,
  224  including, but not limited to, services rendered in homemaking,
  225  child care, education, and career building of either the other
  226  party.
  227         (g) The responsibilities each party will have with regard
  228  to any minor children whom the parties they have in common.
  229         (h) The tax treatment and consequences to both parties of
  230  an any alimony award, including the designation of all or a
  231  portion of the payment as a nontaxable, nondeductible payment.
  232         (i) All sources of income available to either party,
  233  including income available to either party through investments
  234  of any asset held by that party.
  235         (j) Any other factor necessary for to do equity and justice
  236  between the parties, if such factor is specifically identified
  237  in the award with findings of fact justifying the application of
  238  such factor.
  239         (4)(3) To the extent necessary to protect an award of
  240  alimony, the obligee may court may order any party who is
  241  ordered to pay alimony to purchase or maintain a life insurance
  242  policy on the obligor’s life in an amount adequate to or a bond,
  243  or to otherwise secure such alimony award. If the obligee
  244  purchases a life insurance policy, the obligor must cooperate in
  245  the process of procuring the issuance and underwriting of the
  246  life insurance policy with any other assets which may be
  247  suitable for that purpose.
  248         (5)(4) For purposes of determining alimony, there is a
  249  rebuttable presumption that a short-term marriage is a marriage
  250  having a duration of less than 10 7 years, a moderate-term
  251  marriage is a marriage having a duration between 10 of greater
  252  than 7 years and 20 but less than 17 years, and a long-term
  253  marriage is a marriage having a duration of 20 17 years or
  254  longer greater. The length of a marriage is the period of time
  255  from the date of marriage until the date of filing of an action
  256  for dissolution of marriage.
  257         (6)(5) Bridge-the-gap alimony may be awarded to assist a
  258  party by providing support to allow the party to make a
  259  transition from being married to being single. Bridge-the-gap
  260  alimony is designed to assist a party with legitimate
  261  identifiable short-term needs, and the length of an award of
  262  bridge-the-gap alimony may not exceed 2 years. An award of
  263  bridge-the-gap alimony terminates upon the death of either party
  264  or upon the remarriage of the party receiving alimony. An award
  265  of bridge-the-gap alimony is shall not be modifiable in amount
  266  or duration.
  267         (7)(a)(6)(a) Rehabilitative alimony may be awarded to
  268  assist a party in establishing the capacity for self-support
  269  through either:
  270         1. The redevelopment of previous skills or credentials; or
  271         2. The acquisition of education, training, or work
  272  experience necessary to develop appropriate employment skills or
  273  credentials.
  274         (b) In order to award rehabilitative alimony, there must be
  275  a specific and defined rehabilitative plan which shall be
  276  included as a part of any order awarding rehabilitative alimony.
  277         (c) The length of an award of rehabilitative alimony may
  278  not exceed 5 years.
  279         (d) An award of rehabilitative alimony may be modified or
  280  terminated in accordance with s. 61.14 based upon a substantial
  281  change in circumstances, upon noncompliance with the
  282  rehabilitative plan, or upon completion of the rehabilitative
  283  plan if the plan is completed before the length of the award of
  284  rehabilitative alimony expires.
  285         (8)(a)(7) Durational alimony may be awarded when permanent
  286  periodic alimony is inappropriate. The purpose of durational
  287  alimony is to provide a party with economic assistance for a set
  288  period of time following a marriage of short or moderate
  289  duration or following a marriage of long duration if there is no
  290  ongoing need for support on a permanent basis. An award of
  291  durational alimony terminates upon the death of either party or
  292  upon the remarriage of the party receiving alimony. The amount
  293  of an award of durational alimony may be modified or terminated
  294  based upon a substantial change in circumstances in accordance
  295  with s. 61.14. Durational alimony may not be awarded following a
  296  marriage lasting fewer than 3 years. However, The length of an
  297  award of durational alimony may not be modified except under
  298  exceptional circumstances and may not exceed 50 percent of the
  299  length of a the marriage lasting between 3 and 10 years, 60
  300  percent of the length of a marriage lasting between 10 and 20
  301  years, or 75 percent of the length of a marriage lasting 20
  302  years or longer. However, if the party seeking alimony is either
  303  permanently mentally or physically disabled and unable to
  304  provide for his or her own support, either partially or fully,
  305  or is the full-time in-home caregiver to a fully and permanently
  306  mentally or physically disabled child who is common to the
  307  parties, the court may extend durational alimony beyond the
  308  thresholds established in this subsection based on the duration
  309  of the marriage until the death of the child or until the court
  310  determines that there is no longer a need for durational
  311  alimony. For purposes of this subsection, the length of a
  312  marriage is the period of time beginning on the date of marriage
  313  and ending on the date an action for dissolution of marriage is
  314  filed. When awarding durational alimony, the court must make
  315  written findings that an award of another type of alimony, or a
  316  combination of the other forms of alimony, is not appropriate.
  317         (b)The amount of durational alimony is the amount
  318  determined to be the obligee’s reasonable need or an amount not
  319  to exceed 35 percent of the difference between the parties’ net
  320  incomes, whichever amount is less.
  321         (c)In determining the length of an award of durational
  322  alimony, the court shall reduce the length of an award of
  323  durational alimony for the length of time during which the
  324  obligor made temporary support payments to the obligee, either
  325  voluntarily or pursuant to a court order, after the date of
  326  filing of a petition for dissolution of marriage.
  327         (d)In determining the extent to which alimony should be
  328  granted because a supportive relationship exists or has existed
  329  between the party seeking alimony and another person who is not
  330  related by consanguinity or affinity at any time since 180 days
  331  before the filing of the petition of dissolution of marriage,
  332  the court shall consider all relevant factors presented
  333  concerning the nature and extent of the supportive relationship
  334  in question. The burden is on the obligor to prove by a
  335  preponderance of the evidence that a supportive relationship
  336  exists. If a supportive relationship is proven to exist, the
  337  burden shifts to the obligee to disprove by a preponderance of
  338  the evidence that the court should deny or reduce the initial
  339  award of alimony. The court must make written finding of fact
  340  concerning the circumstances of the supportive relationship,
  341  including, but not limited to, the factors set forth in s.
  342  61.14(1)(b)2.
  343         (e)In the event that the obligor reaches full retirement
  344  age as determined by the Social Security Administration or the
  345  customary retirement age for his or her profession before the
  346  end of the durational period indicated by paragraph (a), the
  347  durational alimony shall end on such retirement date if all of
  348  the following conditions are met:
  349         1.The obligor files a notice of retirement and intent to
  350  terminate alimony with the court and personally serves the
  351  alimony recipient or his or her last known attorney of record at
  352  least 1 year before the date that the obligor’s retirement is
  353  intended to become effective.
  354         2.The obligee has not contested the notice of retirement
  355  and intent to terminate alimony according to the factors
  356  specified in s. 61.14(12)(b) or the court has determined that
  357  such factors do not apply. If the court makes any of the
  358  findings specified in s. 61.14(12)(b), the court must consider
  359  and make written findings regarding the factors listed in s.
  360  61.14(12)(c) to determine whether to extend the length of the
  361  alimony award as set forth in s. 61.08(8)(a).
  362  
  363  However, if the obligor continues to work beyond his or her
  364  retirement age as provided under this paragraph and earns active
  365  gross income of more than 50 percent of the obligor’s average
  366  preretirement annual active gross income for the 3 years
  367  preceding his or her retirement age, the court may extend
  368  alimony until the durational limitations established in this
  369  subsection have been satisfied or the obligor retires and
  370  reduces his or her active gross income below the 50 percent
  371  threshold established in this paragraph.
  372         (9)A party against whom alimony is sought who has attained
  373  his or her full retirement age as determined by the Social
  374  Security Administration before the adjudication of the petition
  375  for dissolution of marriage may not be ordered to pay bridge
  376  the-gap, rehabilitative, or durational alimony, unless the court
  377  determines that:
  378         (a)The party seeking alimony has not reached the age to
  379  qualify for any social security retirement benefits; and
  380         (b)1.As a result of the dissolution of marriage, the party
  381  seeking alimony would have an income less than 130 percent of
  382  the federal poverty guidelines for a one-person household, as
  383  published by the United States Department of Health and Human
  384  Services, based on the income and investable assets available
  385  after the dissolution is final, including any retirement assets
  386  from which the obligee can access income without incurring early
  387  withdrawal penalties; or
  388         2.The party seeking alimony is the full-time in-home
  389  caregiver to a fully and permanently mentally or physically
  390  disabled child who is common to the parties, or the party is
  391  permanently and mentally or physically disabled and unable to
  392  provide for his or her own support, either partially or fully.
  393         (10)Notwithstanding any other law, alimony may not be
  394  awarded to a party who has a monthly net income that is equal to
  395  or more than the other party’s monthly net income.
  396         (11)Social security retirement benefits may not be imputed
  397  to the obligor as demonstrated by a social security retirement
  398  benefits entitlement letter unless those benefits are actually
  399  being paid.
  400         (12)If the obligee alleges that a physical disability has
  401  impaired his or her capability to earn income, the obligee must
  402  have qualified for benefits under the Social Security
  403  Administration Disability Insurance Program or, in the event the
  404  obligee is not eligible for the program, must demonstrate that
  405  his or her disability meets the disability qualification
  406  standards of the Social Security Administration Disability
  407  Insurance Program.
  408         (8)Permanent alimony may be awarded to provide for the
  409  needs and necessities of life as they were established during
  410  the marriage of the parties for a party who lacks the financial
  411  ability to meet his or her needs and necessities of life
  412  following a dissolution of marriage. Permanent alimony may be
  413  awarded following a marriage of long duration if such an award
  414  is appropriate upon consideration of the factors set forth in
  415  subsection (2), following a marriage of moderate duration if
  416  such an award is appropriate based upon clear and convincing
  417  evidence after consideration of the factors set forth in
  418  subsection (2), or following a marriage of short duration if
  419  there are written findings of exceptional circumstances. In
  420  awarding permanent alimony, the court shall include a finding
  421  that no other form of alimony is fair and reasonable under the
  422  circumstances of the parties. An award of permanent alimony
  423  terminates upon the death of either party or upon the remarriage
  424  of the party receiving alimony. An award may be modified or
  425  terminated based upon a substantial change in circumstances or
  426  upon the existence of a supportive relationship in accordance
  427  with s. 61.14.
  428         (9)The award of alimony may not leave the payor with
  429  significantly less net income than the net income of the
  430  recipient unless there are written findings of exceptional
  431  circumstances.
  432         (13)(a)(10)(a) With respect to any order requiring the
  433  payment of alimony entered on or after January 1, 1985, unless
  434  the provisions of paragraph (c) or paragraph (d) applies apply,
  435  the court shall direct in the order that the payments of alimony
  436  be made through the appropriate depository as provided in s.
  437  61.181.
  438         (b) With respect to any order requiring the payment of
  439  alimony entered before January 1, 1985, upon the subsequent
  440  appearance, on or after that date, of one or both parties before
  441  the court having jurisdiction for the purpose of modifying or
  442  enforcing the order or in any other proceeding related to the
  443  order, or upon the application of either party, unless the
  444  provisions of paragraph (c) or paragraph (d) applies apply, the
  445  court shall modify the terms of the order as necessary to direct
  446  that payments of alimony be made through the appropriate
  447  depository as provided in s. 61.181.
  448         (c) If there is no minor child, alimony payments need not
  449  be directed through the depository.
  450         (d)1. If there is a minor child of the parties and both
  451  parties so request, the court may order that alimony payments
  452  need not be directed through the depository. In this case, the
  453  order of support must shall provide, or be deemed to provide,
  454  that either party may subsequently apply to the depository to
  455  require that payments be made through the depository. The court
  456  shall provide a copy of the order to the depository.
  457         2. If the provisions of subparagraph 1. applies apply,
  458  either party may subsequently file with the depository an
  459  affidavit alleging default or arrearages in payment and stating
  460  that the party wishes to initiate participation in the
  461  depository program. The party shall provide copies of the
  462  affidavit to the court and the other party or parties. Fifteen
  463  days after receipt of the affidavit, the depository shall notify
  464  all parties that future payments shall be directed to the
  465  depository.
  466         3. In IV-D cases, the IV-D agency has shall have the same
  467  rights as the obligee in requesting that payments be made
  468  through the depository.
  469         (14)The court shall apply this section to all petitions
  470  for dissolution of marriage which have not been adjudicated
  471  before July 1, 2022, and to any petitions for dissolution of
  472  marriage filed on or after July 1, 2022.
  473         Section 3. Paragraph (b) of subsection (1) of section
  474  61.14, Florida Statutes, is amended, and paragraph (c) is added
  475  to subsection (11) and subsections (12), (13), and (14) are
  476  added to that section, to read:
  477         61.14 Enforcement and modification of support, maintenance,
  478  or alimony agreements or orders.—
  479         (1)
  480         (b)1. The court may reduce or terminate an award of alimony
  481  or order reimbursement to the obligor for any amount the court
  482  determines is equitable upon specific written findings by the
  483  court that since the granting of a divorce and the award of
  484  alimony, a supportive relationship exists or has existed between
  485  the obligee and another a person at any time during the 180 days
  486  before the filing of a petition for modification of alimony with
  487  whom the obligee resides. On the issue of whether alimony should
  488  be reduced or terminated under this paragraph, the burden is on
  489  the obligor to prove by a preponderance of the evidence that a
  490  supportive relationship exists or existed. If a supportive
  491  relationship is proven to exist or have existed, the burden
  492  shifts to the obligee to disprove, by a preponderance of the
  493  evidence, that the court should terminate an existing award of
  494  alimony.
  495         2. In determining the extent to which whether an existing
  496  award of alimony should be reduced or terminated because of an
  497  alleged supportive relationship between an obligee and a person
  498  who is not related by consanguinity or affinity and with whom
  499  the obligee resides, the court must make written findings of
  500  fact concerning the nature and the extent of the supportive
  501  relationship in question and the circumstances of the supportive
  502  relationship, including, but not limited to, the following
  503  factors shall elicit the nature and extent of the relationship
  504  in question. The court shall give consideration, without
  505  limitation, to circumstances, including, but not limited to, the
  506  following, in determining the relationship of an obligee to
  507  another person:
  508         a. The extent to which the obligee and the other person
  509  have held themselves out as a married couple by engaging in
  510  conduct such as using the same last name, using a common mailing
  511  address, referring to each other in terms such as “my husband”
  512  or “my wife,” or otherwise conducting themselves in a manner
  513  that evidences a permanent supportive relationship.
  514         b. The period of time that the obligee has resided with the
  515  other person in a permanent place of abode.
  516         c. The extent to which the obligee and the other person
  517  have pooled their assets or income or otherwise exhibited
  518  financial interdependence.
  519         d. The extent to which the obligee or the other person has
  520  supported the other, in whole or in part.
  521         e. The extent to which the obligee or the other person has
  522  performed valuable services for the other.
  523         f. The extent to which the obligee or the other person has
  524  performed valuable services for the other’s company or employer.
  525         g. Whether the obligee and the other person have worked
  526  together to create or enhance anything of value.
  527         h. Whether the obligee and the other person have jointly
  528  contributed to the purchase of any real or personal property.
  529         i. Evidence in support of a claim that the obligee and the
  530  other person have an express agreement regarding property
  531  sharing or support.
  532         j. Evidence in support of a claim that the obligee and the
  533  other person have an implied agreement regarding property
  534  sharing or support.
  535         k. Whether the obligee and the other person have provided
  536  support to the children of one another, regardless of any legal
  537  duty to do so.
  538         3. This paragraph does not abrogate the requirement that
  539  every marriage in this state be solemnized under a license, does
  540  not recognize a common law marriage as valid, and does not
  541  recognize a de facto marriage. This paragraph recognizes only
  542  that relationships do exist that provide economic support
  543  equivalent to a marriage and that alimony terminable on
  544  remarriage may be reduced or terminated upon the establishment
  545  of equivalent equitable circumstances as described in this
  546  paragraph. The existence of a conjugal relationship, though it
  547  may be relevant to the nature and extent of the relationship, is
  548  not necessary for the application of the provisions of this
  549  paragraph.
  550         (11)
  551         (c)An obligor’s subsequent remarriage or cohabitation does
  552  not constitute a basis for either party to seek a modification
  553  of an alimony award.
  554         (12)(a)Up to 12 months before seeking to terminate alimony
  555  as provided under this section, an obligor may file a notice of
  556  retirement and intent to terminate alimony with the court and
  557  shall personally serve the obligee or his or her last known
  558  attorney of record with such notice.
  559         (b)The obligee shall have 20 days after the date of
  560  service of the notice to request the court to enter findings
  561  that as of the date of filing of the notice:
  562         1.The reduction or termination of alimony would result in
  563  any of the following:
  564         a.The obligee’s income would be less than 130 percent of
  565  the federal poverty guidelines for a one-person household, as
  566  published by the United States Department of Health and Human
  567  Services, based on the obligee’s income and investable assets,
  568  including any retirement assets from which the obligee can
  569  access income without incurring early withdrawal penalties.
  570         b.A violation of the terms of the marital settlement
  571  agreement between the parties because the marital settlement
  572  agreement either does not allow for modification or termination
  573  of the alimony award or the proposed reduction in alimony does
  574  not comply with applicable terms for modification of alimony
  575  specified in the agreement;
  576         2.The obligee is the full-time in-home caregiver to a
  577  fully and permanently mentally or physically disabled child who
  578  is common to the parties; or
  579         3.The obligee is permanently mentally or physically
  580  disabled and unable to provide for his or her own support,
  581  either partially or fully.
  582         (c)If the court makes any of the findings specified in
  583  paragraph (b), the court must consider and make written findings
  584  regarding the following factors when deciding whether to reduce
  585  either the amount or duration of alimony:
  586         1.The duration of the marriage.
  587         2.The financial resources of the obligee, including the
  588  nonmarital and marital assets and liabilities distributed to the
  589  obligee, as well as the obligee’s role in conserving or
  590  depleting the marital assets distributed at the dissolution of
  591  marriage.
  592         3.The sources of income available to the obligee,
  593  including income available to the obligee through investments of
  594  any asset, including retirement assets from which the obligee
  595  can access income without incurring early withdrawal penalties.
  596         4.The effort and sacrifices of time and leisure necessary
  597  for the obligor to continue to provide such alimony and
  598  consideration of the presumption that the obligor has a right to
  599  retire when attaining full retirement age as per the Social
  600  Security Administration.
  601         5.The age and health of the obligor.
  602         6.The terms of the marital settlement agreement between
  603  the parties which govern modification of alimony.
  604         (d)If the court does not make any of the findings
  605  specified in paragraph (b), the alimony award amount shall
  606  decrease by 25 percent on the date the obligor reaches 65 years
  607  of age or 1 year after the date on which the notice of
  608  retirement and intent to terminate alimony is filed, whichever
  609  occurs later, and shall continue to decrease by 25 percent each
  610  year thereafter until the date the obligor reaches 68 years of
  611  age or 4 years after the date on which the notice is filed,
  612  whichever occurs later, at which time alimony shall terminate.
  613         (e)Notwithstanding paragraphs (a)-(d), if the obligor
  614  continues to work beyond full retirement age as determined by
  615  the United States Social Security Administration or beyond the
  616  reasonable retirement age for his or her profession or line of
  617  work as determined in paragraph (f), whichever occurs earlier,
  618  and earns active gross income of more than 50 percent of the
  619  obligor’s average preretirement annual active gross income for
  620  the 3 years preceding his or her retirement age, actual
  621  retirement date, or reasonable retirement age, as applicable,
  622  the court may extend alimony until the obligor retires and
  623  reduces his or her active gross income below the 50 percent
  624  active gross income threshold established under this paragraph.
  625         (f)If an obligor seeks to retire at an age that is
  626  reasonable for his or her profession or line of work, but before
  627  he or she reaches 65 years of age, or if the obligor is past his
  628  or her full retirement age as determined by the Social Security
  629  Administration, the court may terminate an alimony award if it
  630  determines that the obligor’s retirement is reasonable. In
  631  determining whether the obligor’s retirement is reasonable, the
  632  court shall consider all of the following:
  633         1.The obligor’s age and health.
  634         2.The obligor’s motivation for retirement.
  635         3.The obligor’s profession or line of work and the typical
  636  retirement age for that profession or line of work.
  637         4.The impact that a termination or reduction of alimony
  638  would have on the obligee. In determining the impact, the court
  639  must consider any assets accumulated or received by the obligee
  640  since the final judgment of dissolution of marriage, including
  641  any income generated by such assets and retirement assets from
  642  which the obligee can access income without incurring early
  643  withdrawal penalties, and the obligee’s role in the depletion or
  644  conservation of any assets.
  645         (g)Up to 12 months before the obligor’s anticipated
  646  retirement under paragraph (f), the obligor may file a petition
  647  to modify or terminate the alimony award, effective upon his or
  648  her actual retirement date. The court shall modify or terminate
  649  the alimony award after the obligor’s retirement unless the
  650  court makes written findings of fact under paragraph (f) that
  651  the obligor’s retirement is not reasonable.
  652         (13)Any amount of social security or disability benefits
  653  or retirement payments received by an obligee subsequent to an
  654  initial award of alimony constitutes a change in circumstances
  655  for which an obligor may seek modification of an alimony award.
  656         (14)Agreements on alimony payments, voluntary or pursuant
  657  to a court order, which allow for modification or termination of
  658  alimony by virtue of either party reaching a certain age,
  659  income, or other threshold, or agreements that establish a
  660  limited period of time after which alimony is modifiable, are
  661  considered agreements that are expressly modifiable or eligible
  662  for termination for purposes of this section once the specified
  663  condition is met.
  664         Section 4. Section 61.19, Florida Statutes, is amended to
  665  read:
  666         61.19 Entry of judgment of dissolution of marriage;, delay
  667  period; separate adjudication of issues.—
  668         (1)A No final judgment of dissolution of marriage may not
  669  be entered until at least 20 days have elapsed from the date of
  670  filing the original petition for dissolution of marriage,; but
  671  the court, on a showing that injustice would result from this
  672  delay, may enter a final judgment of dissolution of marriage at
  673  an earlier date.
  674         (2)If more than 2 years have elapsed after the date of
  675  service of the original petition for dissolution of marriage,
  676  absent a showing by either party that irreparable harm will
  677  result from granting a final judgment of dissolution of
  678  marriage, the court shall, upon request of either party, grant a
  679  final judgment of dissolution of marriage with a reservation of
  680  jurisdiction to subsequently determine all other substantive
  681  issues. Before granting the judgment, the court shall enter
  682  temporary orders necessary to protect the parties and their
  683  children, if any, which orders remain effective until all other
  684  issues are adjudicated by the court. This subsection applies to
  685  all petitions for dissolution of marriage filed on or after July
  686  1, 2022.
  687         Section 5. The court shall apply this act to any action
  688  pending on or after July 1, 2022.
  689         Section 6. This act shall take effect July 1, 2022.