Bill Text: FL S1978 | 2011 | Regular Session | Comm Sub
Bill Title: Alimony
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1978 Detail]
Download: Florida-2011-S1978-Comm_Sub.html
Florida Senate - 2011 CS for SB 1978 By the Committee on Judiciary; and Senator Bogdanoff 590-04400A-11 20111978c1 1 A bill to be entitled 2 An act relating to alimony; amending s. 61.08, F.S.; 3 revising provisions relating to factors to be 4 considered for alimony awards; revising provisions 5 relating to awards of durational alimony; revising 6 provisions relating to awards of permanent alimony; 7 providing that the award of alimony may not leave the 8 payor with significantly less net income than the net 9 income of the recipient unless there are written 10 findings of exceptional circumstances; providing for 11 applicability of the act; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Present subsection (9) of section 61.08, Florida 16 Statutes, is renumbered as subsection (10), a new subsection (9) 17 is added to that section, and subsections (2), (7), and (8) of 18 that section are amended, to read: 19 61.08 Alimony.— 20 (2) In determining whether to award alimony or maintenance, 21 the court shall first make a specific factual determination as 22 to whether either party has an actual need for alimony or 23 maintenance and whether either party has the ability to pay 24 alimony or maintenance. If the court finds that a party has a 25 need for alimony or maintenance and that the other party has the 26 ability to pay alimony or maintenance, then in determining the 27 proper type and amount of alimony or maintenance under 28 subsections (5)-(8), the court shall consider all relevant 29 factors, including, but not limited to: 30 (a) The standard of living established during the marriage. 31 (b) The duration of the marriage. 32 (c) The age and the physical and emotional condition of 33 each party. 34 (d) The financial resources of each party, including the 35 nonmarital and the marital assets and liabilities distributed to 36 each. 37 (e) The earning capacities, educational levels, vocational 38 skills, and employability of the parties and, when applicable, 39 the time necessary for either party to acquire sufficient 40 education or training to enable such party to find appropriate 41 employment. 42 (f) The contribution of each party to the marriage, 43 including, but not limited to, services rendered in homemaking, 44 child care, education, and career building of the other party. 45 (g) The responsibilities each party will have with regard 46 to any minor children they have in common. 47 (h) The tax treatment and consequences to both parties of 48 any alimony award, including the designation of all or a portion 49 of the payment as a nontaxable, nondeductible payment. 50 (i) All sources of income available to either party, 51 including income available to either party through investments 52 of any asset held by that party. 53 (j) Any other factor necessary to do equity and justice 54 between the parties. 55 (7) Durational alimony may be awarded when permanent 56 periodic alimony is inappropriate. The purpose of durational 57 alimony is to provide a party with economic assistance for a set 58 period of time following a marriage of short or moderate 59 duration, or following a marriage of long duration if there is 60 no ongoing need for support on a permanent basis. An award of 61 durational alimony terminates upon the death of either party or 62 upon the remarriage of the party receiving alimony. The amount 63 of an award of durational alimony may be modified or terminated 64 based upon a substantial change in circumstances in accordance 65 with s. 61.14. However, the length of an award of durational 66 alimony may not be modified except under exceptional 67 circumstances and may not exceed the length of the marriage. 68 (8) Permanent alimony may be awarded to provide for the 69 needs and necessities of life as they were established during 70 the marriage of the parties for a party who lacks the financial 71 ability to meet his or her needs and necessities of life 72 following a dissolution of marriage. Permanent alimony may be 73 awarded following a marriage of long duration if such an award 74 is appropriate upon consideration of the factors set forth in 75 subsection (2), following a marriage of moderate duration if 76 such an award is appropriate based upon clear and convincing 77 evidence after consideration of the factors set forth in 78 subsection (2), or following a marriage of short duration if 79 there are written findings of exceptional circumstances. In 80 awarding permanent alimony, the court shall include a finding 81 that no other form of alimony is fair and reasonable under the 82 circumstances of the parties. An award of permanent alimony 83 terminates upon the death of either party or upon the remarriage 84 of the party receiving alimony. An award may be modified or 85 terminated based upon a substantial change in circumstances or 86 upon the existence of a supportive relationship in accordance 87 with s. 61.14. 88 (9) The award of alimony may not leave the payor with 89 significantly less net income than the net income of the 90 recipient unless there are written findings of exceptional 91 circumstances. 92 Section 2. The amendments to s. 61.08, Florida Statutes, 93 made by this act apply to all initial awards of alimony entered 94 after July 1, 2011, and to all modifications of alimony of such 95 awards made after July 1, 2011. Such amendments may not serve as 96 a basis to modify awards entered before July 1, 2011, or as a 97 basis to change amounts or duration of awards existing before 98 July 1, 2011. The amendments to s. 61.08, Florida Statutes, made 99 by this act are applicable to all cases pending on or filed 100 after July 1, 2011. 101 Section 3. This act shall take effect July 1, 2011.