Bill Text: FL H0277 | 2010 | Regular Session | Comm Sub

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Bill Title: Alimony

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-30 - Died on Calendar, companion bill(s) passed, see CS/HB 907 (Ch. 2010-199) [H0277 Detail]

Download: Florida-2010-H0277-Comm_Sub.html

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CS/HB 277

1	A bill to be entitled
2	An act relating to alimony; amending s. 61.08, F.S.;
3	allowing for award of more than one type of alimony;
4	revising factors to be considered in whether to award
5	alimony or maintenance; providing for award of bridge-the-
6	gap alimony for a limited period; providing that such an
7	award is not modifiable; providing for award of
8	rehabilitative alimony in certain circumstances; providing
9	for modification or termination of such an award;
10	providing for award of durational alimony in certain
11	circumstances; providing for modification or termination
12	of such an award; providing for award of permanent alimony
13	in certain circumstances; providing for modification or
14	termination of such an award; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1. Section 61.08, Florida Statutes, is amended to
19	read:
20	61.08 Alimony.-
21	(1) In a proceeding for dissolution of marriage, the court
22	may grant alimony to either party, which alimony may be bridge-
23	the-gap, rehabilitative, durational, or permanent in nature or
24	any combination of these forms of alimony. In any award of
25	alimony, the court may order periodic payments or payments in
26	lump sum or both. The court may consider the adultery of either
27	spouse and the circumstances thereof in determining the amount
28	of alimony, if any, to be awarded. In all dissolution actions,
29	the court shall include findings of fact relative to the factors
30	enumerated in subsection (2) supporting an award or denial of
31	alimony.
32	(2) In determining whether to a proper award of alimony or
33	maintenance, the court shall first make a specific factual
34	determination as to whether either party has an actual need for
35	alimony or maintenance and whether either party has the ability
36	to pay alimony or maintenance. If the court finds that a party
37	has a need for alimony or maintenance and that the other party
38	has the ability to pay alimony or maintenance, then in
39	determining the proper type and amount of alimony or
40	maintenance, the court shall consider all relevant economic
41	factors, including, but not limited to:
42	(a) The standard of living established during the
43	marriage.
44	(b) The duration of the marriage.
45	(c) The age and the physical and emotional condition of
46	each party.
47	(d) The financial resources of each party, including the
48	nonmarital and the marital assets and liabilities distributed to
49	each.
50	(e) The earning capacities, educational levels, vocational
51	skills, and employability of the parties and, when applicable,
52	the time necessary for either party to acquire sufficient
53	education or training to enable such party to find appropriate
54	employment.
55	(f) The contribution of each party to the marriage,
56	including, but not limited to, services rendered in homemaking,
57	child care, education, and career building of the other party.
58	(g) The responsibilities each party will have with regard
59	to any minor children they have in common.
60	(h) The tax treatment and consequences to both parties of
61	any alimony award, including the designation of all or a portion
62	of the payment as a nontaxable, nondeductible payment.
63	(i)(g) All sources of income available to either party,
64	including income available to either party through investments
65	of any asset held by that party.
66
67	(j) The court may consider Any other factor necessary to
68	do equity and justice between the parties.
69	(3) To the extent necessary to protect an award of
70	alimony, the court may order any party who is ordered to pay
71	alimony to purchase or maintain a life insurance policy or a
72	bond, or to otherwise secure such alimony award with any other
73	assets which may be suitable for that purpose.
74	(4) Bridge-the-gap alimony may be awarded to assist a
75	party by providing support to allow the party to make a
76	transition from being married to being single. Bridge-the-gap
77	alimony is designed to assist a party with legitimate
78	identifiable short-term needs, and the length of an award may
79	not exceed 2 years. An award of bridge-the-gap alimony
80	terminates upon the death of either party or upon the remarriage
81	of the party receiving alimony. An award of bridge-the-gap
82	alimony shall not be modifiable in amount or duration.
83	(5)(a) Rehabilitative alimony may be awarded to assist a
84	party in establishing the capacity for self-support through
85	either:
86	1. The redevelopment of previous skills or credentials; or
87	2. The acquisition of education, training, or work
88	experience necessary to develop appropriate employment skills or
89	credentials.
90	(b) In order to award rehabilitative alimony, there must
91	be a specific and defined rehabilitative plan which shall be
92	included as a part of any order awarding rehabilitative alimony.
93	(c) An award of rehabilitative alimony may be modified or
94	terminated in accordance with s. 61.14 based upon a substantial
95	change in circumstances, upon noncompliance with the
96	rehabilitative plan, or upon completion of the rehabilitative
97	plan.
98	(6) Durational alimony may be awarded when permanent
99	periodic alimony is inappropriate. The purpose of durational
100	alimony is to provide a party with economic assistance for a set
101	period of time following a marriage of short or moderate
102	duration. An award of durational alimony terminates upon the
103	death of either party or upon the remarriage of the party
104	receiving alimony. The amount of an award of durational alimony
105	may be modified or terminated based upon a substantial change in
106	circumstances in accordance with s. 61.14. However, the length
107	of an award of durational alimony may not be modified except
108	under exceptional circumstances.
109	(7) Permanent alimony may be awarded to provide for the
110	needs and necessities of life as they were established during
111	the marriage of the parties for a party who lacks the financial
112	ability to meet his or her needs and necessities of life
113	following a dissolution of marriage. Permanent alimony may be
114	awarded following a marriage of long duration, following a
115	marriage of moderate duration if such an award is appropriate
116	upon consideration of the factors set forth in subsection (2),
117	or following a marriage of short duration if there are
118	exceptional circumstances. An award of permanent alimony
119	terminates upon the death of either party or upon the remarriage
120	of the party receiving alimony. An award may be modified or
121	terminated based upon a substantial change in circumstances or
122	upon the existence of a supportive relationship in accordance
123	with s. 61.14.
124	(8)(4)(a) With respect to any order requiring the payment
125	of alimony entered on or after January 1, 1985, unless the
126	provisions of paragraph (c) or paragraph (d) apply, the court
127	shall direct in the order that the payments of alimony be made
128	through the appropriate depository as provided in s. 61.181.
129	(b) With respect to any order requiring the payment of
130	alimony entered before January 1, 1985, upon the subsequent
131	appearance, on or after that date, of one or both parties before
132	the court having jurisdiction for the purpose of modifying or
133	enforcing the order or in any other proceeding related to the
134	order, or upon the application of either party, unless the
135	provisions of paragraph (c) or paragraph (d) apply, the court
136	shall modify the terms of the order as necessary to direct that
137	payments of alimony be made through the appropriate depository
138	as provided in s. 61.181.
139	(c) If there is no minor child, alimony payments need not
140	be directed through the depository.
141	(d)1. If there is a minor child of the parties and both
142	parties so request, the court may order that alimony payments
143	need not be directed through the depository. In this case, the
144	order of support shall provide, or be deemed to provide, that
145	either party may subsequently apply to the depository to require
146	that payments be made through the depository. The court shall
147	provide a copy of the order to the depository.
148	2. If the provisions of subparagraph 1. apply, either
149	party may subsequently file with the depository an affidavit
150	alleging default or arrearages in payment and stating that the
151	party wishes to initiate participation in the depository
152	program. The party shall provide copies of the affidavit to the
153	court and the other party or parties. Fifteen days after receipt
154	of the affidavit, the depository shall notify all parties that
155	future payments shall be directed to the depository.
156	3. In IV-D cases, the IV-D agency shall have the same
157	rights as the obligee in requesting that payments be made
158	through the depository.
159	Section 2. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.