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A bill to be entitled 1
An act relating to dissolution of marriage; amending 2
s. 61.046, F.S.; defining the term "active gross 3
income"; revising the definition of the term "income"; 4
amending s. 61.08, F.S.; defining terms; requiring the 5
court to make certain written findings in it s awards 6
of alimony; limiting the court's ability to award a 7
combination of forms of alimony to only certain 8
circumstances; removing the court's ability to 9
consider adultery of either spouse in determining the 10
amount of an alimony award; requiring the cour t to 11
make certain written findings; revising factors that 12
the court must consider in determining the proper type 13
and amount of alimony; removing the court's ability to 14
order an obligor to purchase or maintain a life 15
insurance policy or other instrument to secure an 16
alimony award; authorizing a party to whom the court 17
has awarded alimony to purchase or maintain a life 18
insurance policy on the obligor's life to protect an 19
award of alimony; requiring the obligor to cooperate 20
in the process of procuring the life insurance policy; 21
modifying certain rebuttable presumptions related to 22
the length of a marriage for purposes of determining 23
alimony; prohibiting the length of an award of 24
rehabilitative alimony from exceeding a specified 25
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timeframe; revising a provision au thorizing the 26
modification of rehabilitative alimony upon completion 27
of the rehabilitative plan to include a certain 28
condition; revising provisions related to durational 29
alimony; prohibiting the length of an award of 30
durational alimony from exceeding speci fied 31
timeframes; authorizing the court to extend durational 32
alimony under certain circumstances; specifying what 33
constitutes the length of a marriage for the purpose 34
of determining durational alimony; requiring the court 35
to make certain written findings wh en awarding 36
durational alimony; providing a formula for the 37
calculation of durational alimony; requiring the court 38
to reduce the length of an award of durational alimony 39
based on certain payments made by the obligor; 40
requiring the court to consider specifi ed factors when 41
determining an alimony award involving the existence 42
of a supportive relationship between the obligee and 43
another person; providing for the burden of proof in 44
such determinations; requiring the court to make 45
certain written findings in such determinations; 46
providing for the termination of a durational alimony 47
award upon retirement of the obligor under certain 48
circumstances; providing an exception; providing that 49
a party who has reached full retirement age before 50
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adjudication of a petition fo r dissolution of marriage 51
may not be ordered to pay alimony; providing 52
exceptions; prohibiting alimony from being awarded to 53
a party who has a certain monthly net income; 54
prohibiting social security retirement benefits from 55
being imputed to the obligor; pr oviding an exception; 56
requiring an obligee to meet certain requirements if 57
he or she alleges that a physical disability has 58
impaired his or her ability to earn income; removing 59
the court's ability to grant permanent alimony; 60
providing applicability; amendi ng s. 61.13, F.S.; 61
creating a presumption that equal time -sharing is in 62
the best interests of a minor child; providing an 63
exception; amending s. 61.14, F.S.; authorizing the 64
court to order an obligee to reimburse alimony 65
payments to the obligor under certa in circumstances; 66
specifying a timeframe for the court to consider a 67
supportive relationship between the obligee and 68
another person for purposes of reducing or terminating 69
an award of alimony or ordering reimbursement of 70
alimony payments; providing for the burden of proof in 71
such determinations; revising factors the court may 72
consider when determining whether a supportive 73
relationship exists or existed between the obligee and 74
another person; requiring the court to make written 75
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findings related to such facto rs; providing that an 76
obligor's subsequent remarriage or cohabitation is not 77
a basis for modification of alimony; authorizing an 78
obligor to file a notice of retirement and intent to 79
terminate alimony within a specified timeframe before 80
such retirement; pro viding notice and response 81
requirements; requiring the court to make written 82
findings regarding specified factors when deciding 83
whether to reduce the amount or duration of alimony; 84
providing for the reduction and termination of alimony 85
within specified tim eframes under certain 86
circumstances; authorizing the court to extend 87
durational alimony beyond an obligor's full retirement 88
age or reasonable retirement age for his or her 89
profession or line of work under certain 90
circumstances, notwithstanding its other fi ndings; 91
authorizing the court to terminate an alimony 92
obligation if the obligor retires at a reasonable age 93
for his or her profession or line of work or is older 94
than his or her full retirement age; requiring the 95
court to consider certain factors in determ ining 96
whether the obligor's retirement is reasonable; 97
authorizing an obligor to prospectively file a 98
petition for modification or termination of alimony 99
effective upon his or her retirement; requiring a 100
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court to modify or terminate an alimony award upon 101
retirement of the obligor; providing an exception; 102
providing that certain benefits of the obligee 103
constitute a change in circumstances for which an 104
obligor may seek modification of an alimony award; 105
providing that certain agreements on alimony payments 106
are considered expressly modifiable or eligible for 107
termination under certain circumstances; amending s. 108
61.19, F.S.; requiring the court to grant, upon 109
request of either party, a final judgment of 110
dissolution of marriage and reserve jurisdiction to 111
adjudicate other substantive issues under certain 112
circumstances; requiring the court to enter temporary 113
orders necessary to protect the parties and their 114
children, if any; providing that such temporary orders 115
are effective until all other issues are adjudicated 116
by the court; providing applicability; providing an 117
effective date. 118
119
Be It Enacted by the Legislature of the State of Florida: 120
121
Section 1. Subsections (1) through (23) of section 61.046, 122
Florida Statutes, are renumbered as subsections (2) through 123
(24), respectively, a new subsection (1) is added to that 124
section, and present subsection (8) of that section is amended, 125
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to read: 126
61.046 Definitions. —As used in this chapter, the term: 127
(1) "Active gross income" means salary, wages, bonuses, 128
commissions, allowances, overtime, tips, and other similar 129
payments and business income from self -employment, partnerships, 130
close corporations, independent contracts, and other similar 131
sources. For purposes of this subsection, the term "business 132
income" means gross receip ts minus ordinary and necessary 133
expenses required to produce income and requires that such 134
business income be derived in a way that meets any of the 135
material participation tests outlined in the Internal Revenue 136
Service's Publication 925 (2020), Passive Act ivity and At-Risk 137
Rules. 138
(9)(8) "Income" means any form of payment to an 139
individual, regardless of source, including, but not limited 140
to,: wages, salary, commissions and bonuses, compensation as an 141
independent contractor, worker's compensation, disabilit y 142
benefits, annuity and retirement benefits, pensions, dividends, 143
interest, royalties, trust distributions trusts, and any other 144
payments, made by any person, private entity, federal or state 145
government, or any unit of local government. United States 146
Department of Veterans Affairs disability benefits and 147
reemployment assistance or unemployment compensation, as defined 148
in chapter 443, are excluded from this definition of income 149
except for purposes of establishing an amount of support. 150
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Section 2. Section 61.08, Florida Statutes, is amended to 151
read: 152
61.08 Alimony.— 153
(1) As used in this section, the term: 154
(a) "Alimony" means a court -ordered or voluntary payment 155
of support by one spouse to the other spouse. The term includes 156
any voluntary payment made af ter the date of filing an order for 157
maintenance, spousal support, temporary support, or separate 158
support when the payment is not intended for the benefit of a 159
child in common. 160
(b) "Gross income" means gross income as determined in 161
accordance with s. 61.3 0(2). 162
(c) "Net income" means income that is determined by 163
subtracting allowable deductions from gross income. For purposes 164
of this section, allowable deductions include any of the 165
following: 166
1. Federal, state, or local income tax deductions, 167
adjusted for actual filing status and allowable dependents, and 168
income tax liabilities. 169
2. Federal insurance contributions or self -employment tax. 170
3. Mandatory union dues. 171
4. Mandatory retirement payments. 172
5. Health insurance payments, excluding payments for 173
coverage of a minor child. 174
6. Court-ordered support for other children which is 175
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actually paid. 176
7. Spousal support paid pursuant to a court order from a 177
previous marriage. 178
(2)(a) In a proceeding for dissolution of marriage, the 179
court may grant alimon y to either party in the form of, which 180
alimony may be bridge-the-gap, rehabilitative, or durational 181
alimony, or a permanent in nature or any combination of these 182
forms of alimony. In an any award of alimony, the court may 183
order periodic payments , or payments in lump sum, or both. 184
(b) The court shall make written findings regarding the 185
basis for awarding a combination of forms of alimony, including 186
the type of alimony and the length of time for which the alimony 187
is awarded. The court may award a combinati on of forms of 188
alimony only to provide greater economic assistance in order to 189
allow the recipient to achieve rehabilitation. 190
(c) The court may consider the adultery of either spouse 191
and the circumstances thereof in determining the amount of 192
alimony, if any, to be awarded. In all dissolution actions, the 193
court shall include written findings of fact relative to the 194
factors provided enumerated in subsection (3) (2) supporting the 195
an award or denial of alimony. 196
(3)(2) In determining whether to award alimony or 197
maintenance, the court shall first make a specific , written 198
factual determination as to whether the either party seeking 199
alimony or maintenance has an actual need for it alimony or 200
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maintenance and whether the other either party has the ability 201
to pay alimony or maintenance. If the court finds that the a 202
party seeking alimony or maintenance has a need for it alimony 203
or maintenance and that the other party has the ability to pay 204
alimony or maintenance, then in dete rmining the proper type and 205
amount of alimony or maintenance under subsections (5)-(9) (5)-206
(8), the court must shall consider all relevant factors, 207
including, but not limited to: 208
(a) The standard of living established during the 209
marriage, including the needs and necessities of life for each 210
party after the dissolution of marriage, taking into 211
consideration the presumption that both parties will have a 212
lower standard of living after the dissolution of marriage than 213
their standard of living during the marri age. This presumption 214
may be overcome by a preponderance of the evidence . 215
(b) The duration of the marriage. 216
(c) The age and the physical and emotional condition of 217
each party. 218
(d) The financial resources of each party, including the 219
nonmarital and the marital assets and liabilities distributed to 220
each. 221
(e) The earning capacities, educational levels, vocational 222
skills, and employability of the parties and, when applicable, 223
the time necessary for either party to acquire sufficient 224
education or trainin g to enable such party to find appropriate 225
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employment. 226
(f) The contribution of each party to the marriage, 227
including, but not limited to, services rendered in homemaking, 228
child care, education, and career building of either the other 229
party. 230
(g) The responsibilities each party will have with regard 231
to any minor children whom the parties they have in common. 232
(h) The tax treatment and consequences to both parties of 233
an any alimony award, including the designation of all or a 234
portion of the payment as a n ontaxable, nondeductible payment . 235
(i) All sources of income available to either party, 236
including income available to either party through investments 237
of any asset held by that party. 238
(j) Any other factor necessary for to do equity and 239
justice between the parties, if such factor is specifically 240
identified in the award with findings of fact justifying the 241
application of such factor . 242
(4)(3) To the extent necessary to protect an award of 243
alimony, the obligee may court may order any party who is 244
ordered to pay alimony to purchase or maintain a life insurance 245
policy on the obligor's life in an amount adequate to or a bond, 246
or to otherwise secure such alimony award . If the obligee 247
purchases a life insurance policy, the obligor must cooperate in 248
the process of procuring the issuance and underwriting of the 249
life insurance policy with any other assets which may be 250
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suitable for that purpose . 251
(5)(4) For purposes of determining alimony, there is a 252
rebuttable presumption that a short -term marriage is a marriage 253
having a duration of fewer less than 10 7 years, a moderate-term 254
marriage is a marriage having a duration between 10 and 20 of 255
greater than 7 years but less than 17 years, and a long-term 256
marriage is a marriage having a duration of 20 17 years or 257
longer greater. The length of a marriage is the period of time 258
from the date of marriage until the date of filing of an action 259
for dissolution of marriage. 260
(6)(5) Bridge-the-gap alimony may be awarded to assist a 261
party by providing support to allow the party to make a 262
transition from being married to being single. Bridge -the-gap 263
alimony is designed to assist a party with legitimate 264
identifiable short-term needs, and the length of an award of 265
bridge-the-gap alimony may not exceed 2 years. An award of 266
bridge-the-gap alimony terminates upon the death of either party 267
or upon the remarriage of the party receiving alimony. An award 268
of bridge-the-gap alimony is shall not be modifiable in amount 269
or duration. 270
(7)(a)(6)(a) Rehabilitative alimony may be awarded to 271
assist a party in establishing the capacity for self -support 272
through either: 273
1. The redevelopment of previous skills or credentials; or 274
2. The acquisition of education, training, or work 275
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experience necessary to develop appropriate employment skills or 276
credentials. 277
(b) In order to award rehabilitative alimony, there must 278
be a specific and defined rehabilitative plan which shall be 279
included as a part of any order awarding rehabilitative alimony. 280
(c) The length of an award of rehabilitative alimony may 281
not exceed 5 years. 282
(d) An award of rehabilitative alimony may be modified or 283
terminated in accordance with s. 61.14 based upon a substantial 284
change in circumstances, upon noncompliance with the 285
rehabilitative plan, or upon completion of the rehabilitative 286
plan if the plan is completed before the length of the award of 287
rehabilitative alimony expires . 288
(8)(a)(7) Durational alimony may be awarded when permanent 289
periodic alimony is inappropriate. The purpose of durational 290
alimony is to provide a party with econom ic assistance for a set 291
period of time following a marriage of short or moderate 292
duration or following a marriage of long duration if there is no 293
ongoing need for support on a permanent basis . An award of 294
durational alimony terminates upon the death of eit her party or 295
upon the remarriage of the party receiving alimony. The amount 296
of an award of durational alimony may be modified or terminated 297
based upon a substantial change in circumstances in accordance 298
with s. 61.14. Durational alimony may not be awarded following a 299
marriage lasting fewer than 3 years. However, The length of an 300
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award of durational alimony may not be modified except under 301
exceptional circumstances and may not exceed 50 percent of the 302
length of a the marriage lasting between 3 and 10 years, 60 303
percent of the length of a marriage lasting between 10 and 20 304
years, or 75 percent of the length of a marriage lasting 20 305
years or longer. However, if the party seeking alimony is either 306
permanently mentally or physically disabled and unable to 307
provide for his or her own support, either partially or fully, 308
or is the full-time in-home caregiver to a fully and permanently 309
mentally or physically disabled child who is common to the 310
parties, the court may extend durational alimony beyond the 311
thresholds established in this paragraph based on the duration 312
of the marriage until the death of the child or until the court 313
determines that there is no longer a need for durational 314
alimony. For purposes of this subsection, the length of a 315
marriage is the period of time beginning on the date of marriage 316
and ending on the date an action for dissolution of marriage is 317
filed. When awarding durational alimony, the court must make 318
written findings of fact that an award of another type of 319
alimony, or a combination of the other forms of alimony, is not 320
appropriate. 321
(b) The amount of durational alimony is the amount 322
determined to be the obligee's reasonable need or an amount not 323
to exceed 35 percent of the difference between the parties' net 324
incomes, whichever amount is less. 325
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(c) In determining the length of an award of durational 326
alimony, the court shall reduce the length of an award of 327
durational alimony for the length of time during which the 328
obligor made temporary support payments to the obligee, either 329
voluntarily or pursuant to a court order, after the date of 330
filing a petition for dissolution of marriage. 331
(d) In determining the extent to which alimony should be 332
granted because a supportive relationship exists or has existed 333
between the party seeking alimony and another person who is not 334
related by consanguinity or affinity at any time since 180 days 335
before filing the petition for dissolution of marriage, the 336
court shall consider all relevant factors presented concerning 337
the nature and extent of the supportive relationsh ip in 338
question. The burden is on the obligor to prove by a 339
preponderance of the evidence that a supportive relationship 340
exists. If a supportive relationship is proven to exist, the 341
burden shifts to the obligee to disprove by a preponderance of 342
the evidence that the court should deny or reduce the initial 343
award of alimony. The court must make written findings of fact 344
concerning the circumstances of the supportive relationship, 345
including, but not limited to, the factors set forth in s. 346
61.14(1)(b)2. 347
(e) If an obligor reaches full retirement age as 348
determined by the Social Security Administration or the 349
customary retirement age for his or her profession before the 350
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end of the durational period indicated by paragraph (a), the 351
durational alimony shall end on the date the obligor retires if 352
all of the following conditions are met: 353
1. The obligor files a notice of retirement and intent to 354
terminate alimony with the court and personally serves the 355
alimony recipient or his or her last known attorney of record at 356
least 1 year before the date on which the obligor's retirement 357
is intended to become effective. 358
2. The obligee has not contested the notice of retirement 359
and intent to terminate alimony according to the factors 360
specified in s. 61.14(12)(b) or the court has determined that 361
such factors do not apply. If the court makes any of the 362
findings specified in s. 61.14(12)(b), the court must consider 363
and make written findings regarding the factors listed in s. 364
61.14(12)(c) to determine whether to extend the length of the 365
alimony award as set forth in s. 61.08(8)(a). 366
367
However, if the obligor continues to work beyond his or her 368
retirement age as provided under this paragraph and earns active 369
gross income of more than 50 percent of the obligor's average 370
preretirement annual active gross income for the 3 years 371
preceding his or her retirement age, the court may extend 372
alimony until the durational limitations established in this 373
subsection have been satisfied or the obligor retires and 374
reduces his or her active gross income b elow the 50 percent 375
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threshold established in this paragraph. 376
(9) A party against whom alimony is sought who has 377
attained his or her full retirement age as determined by the 378
Social Security Administration before the adjudication of the 379
petition for dissolution of marriage may not be ordered to pay 380
bridge-the-gap, rehabilitative, or durational alimony, unless 381
the court determines that: 382
(a) The party seeking alimony has not reached the age to 383
qualify for any social security retirement benefits; and 384
(b)1. As a result of the dissolution of marriage, the 385
party seeking alimony would have an income less than 130 percent 386
of the federal poverty guidelines for a one -person household, as 387
published by the United States Department of Health and Human 388
Services, based on the income and investable assets available 389
after the dissolution of marriage is final, including any 390
retirement assets from which the obligee can access income 391
without incurring early withdrawal penalties; or 392
2. The party seeking alimony is the full -time in-home 393
caregiver to a fully and permanently mentally or physically 394
disabled child who is common to the parties, or the party is 395
permanently mentally or physically disabled and unable to 396
provide for his or her own support, either partially or fully. 397
(10) Notwithstanding any other law, alimony may not be 398
awarded to a party who has a monthly net income that is equal to 399
or more than the other party's monthly net income. 400
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(11) Social security retirement benefits may not be 401
imputed to the obligor as demo nstrated by a social security 402
retirement benefits entitlement letter unless those benefits are 403
actually being paid. 404
(12) If the obligee alleges that a physical disability has 405
impaired his or her capability to earn income, the obligee must 406
have qualified for benefits under the Social Security 407
Administration Disability Insurance program or, in the event the 408
obligee is not eligible for the program, must demonstrate that 409
his or her disability meets the disability qualification 410
standards of the Social Security Administration Disability 411
Insurance program. 412
(8) Permanent alimony may be awarded to provide for the 413
needs and necessities of life as they were established during 414
the marriage of the parties for a party who lacks the financial 415
ability to meet his or her needs and necessities of life 416
following a dissolution of marriage. Permanent alimony may be 417
awarded following a marriage of long duration if such an award 418
is appropriate upon consideration of the factors set forth in 419
subsection (2), following a marriage o f moderate duration if 420
such an award is appropriate based upon clear and convincing 421
evidence after consideration of the factors set forth in 422
subsection (2), or following a marriage of short duration if 423
there are written findings of exceptional circumstance s. In 424
awarding permanent alimony, the court shall include a finding 425
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that no other form of alimony is fair and reasonable under the 426
circumstances of the parties. An award of permanent alimony 427
terminates upon the death of either party or upon the remarriage 428
of the party receiving alimony. An award may be modified or 429
terminated based upon a substantial change in circumstances or 430
upon the existence of a supportive relationship in accordance 431
with s. 61.14. 432
(9) The award of alimony may not leave the payor with 433
significantly less net income than the net income of the 434
recipient unless there are written findings of exceptional 435
circumstances. 436
(13)(a)(10)(a) With respect to any order requiring the 437
payment of alimony entered on or after January 1, 1985, unless 438
the provisions of paragraph (c) or paragraph (d) applies apply, 439
the court shall direct in the order that the payments of alimony 440
be made through the appropriate depository as provided in s. 441
61.181. 442
(b) With respect to any order requiring the payment of 443
alimony entered before January 1, 1985, upon the subsequent 444
appearance, on or after that date , of one or both parties before 445
the court having jurisdiction for the purpose of modifying or 446
enforcing the order or in any other proceeding related to the 447
order, or upon the application of either party, unless the 448
provisions of paragraph (c) or paragraph (d) applies apply, the 449
court shall modify the terms of the order as necessary to direct 450
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that payments of alimony be made through the appropriate 451
depository as provided in s. 61.181. 452
(c) If there is no minor child, alimony payments need not 453
be directed through the depository. 454
(d)1. If there is a minor child of the parties and both 455
parties so request, the court may order that alimony payments 456
need not be directed through the depository. In this case, the 457
order of support must shall provide, or be deemed to provide, 458
that either party may subsequently apply to the depository to 459
require that payments be made through the depository. The court 460
shall provide a copy of t he order to the depository. 461
2. If the provisions of subparagraph 1. applies apply, 462
either party may subsequently file with the depository an 463
affidavit alleging default or arrearages in payment and stating 464
that the party wishes to initiate participation i n the 465
depository program. The party shall provide copies of the 466
affidavit to the court and the other party or parties. Fifteen 467
days after receipt of the affidavit, the depository shall notify 468
all parties that future payments shall be directed to the 469
depository. 470
3. In IV-D cases, the IV-D agency has shall have the same 471
rights as the obligee in requesting that payments be made 472
through the depository. 473
(14) The court shall apply this section to all petitions 474
for dissolution of marriage which have not been a djudicated 475
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before July 1, 2022, and to any petitions for dissolution of 476
marriage filed on or after July 1, 2022. 477
Section 3. Paragraph (c) of subsection (2) of section 478
61.13, Florida Statutes, is amended to read: 479
61.13 Support of children; parenting a nd time-sharing; 480
powers of court.— 481
(2) 482
(c) The court shall determine all matters relating to 483
parenting and time-sharing of each minor child of the parties in 484
accordance with the best interests of the child and in 485
accordance with the Uniform Child Custod y Jurisdiction and 486
Enforcement Act, except that modification of a parenting plan 487
and time-sharing schedule requires a showing of a substantial, 488
material, and unanticipated change of circumstances. 489
1. It is the public policy of this state that each minor 490
child has frequent and continuing contact with both parents 491
after the parents separate or the marriage of the parties is 492
dissolved and to encourage parents to share the rights and 493
responsibilities, and joys, of childrearing. Unless otherwise 494
provided in this section or agreed to by the parties, there is a 495
presumption that equal time -sharing of a minor child is in the 496
best interests of the minor child who is common to the parties 497
Except as otherwise provided in this paragraph, there is no 498
presumption for or against the father or mother of the child or 499
for or against any specific time -sharing schedule when creating 500
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or modifying the parenting plan of the child. 501
2. The court shall order that the parental responsibility 502
for a minor child be shared by both parents unless the court 503
finds that shared parental responsibility would be detrimental 504
to the child. The following evidence creates a rebuttable 505
presumption of detriment to the child: 506
a. A parent has been convicted of a misdemeanor of the 507
first degree or higher involving domestic violence, as defined 508
in s. 741.28 and chapter 775; 509
b. A parent meets the criteria of s. 39.806(1)(d); or 510
c. A parent has been convicted of or had adjudication 511
withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 512
at the time of the offense: 513
(I) The parent was 18 years of age or older. 514
(II) The victim was under 18 years of age or the parent 515
believed the victim to be under 18 years of age. 516
517
If the presumption is not rebutted after the convicted parent is 518
advised by the court that the presumption exists, shared 519
parental responsibility, including time -sharing with the child, 520
and decisions made regarding the child, may not be granted to 521
the convicted parent. However, the convicted parent is not 522
relieved of any obliga tion to provide financial support. If the 523
court determines that shared parental responsibility would be 524
detrimental to the child, it may order sole parental 525
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responsibility and make such arrangements for time -sharing as 526
specified in the parenting plan as wi ll best protect the child 527
or abused spouse from further harm. Whether or not there is a 528
conviction of any offense of domestic violence or child abuse or 529
the existence of an injunction for protection against domestic 530
violence, the court shall consider evide nce of domestic violence 531
or child abuse as evidence of detriment to the child. 532
3. In ordering shared parental responsibility, the court 533
may consider the expressed desires of the parents and may grant 534
to one party the ultimate responsibility over specific aspects 535
of the child's welfare or may divide those responsibilities 536
between the parties based on the best interests of the child. 537
Areas of responsibility may include education, health care, and 538
any other responsibilities that the court finds unique to a 539
particular family. 540
4. The court shall order sole parental responsibility for 541
a minor child to one parent, with or without time -sharing with 542
the other parent if it is in the best interests of the minor 543
child. 544
5. There is a rebuttable presumption against granting 545
time-sharing with a minor child if a parent has been convicted 546
of or had adjudication withheld for an offense enumerated in s. 547
943.0435(1)(h)1.a., and at the time of the offense: 548
a. The parent was 18 years of age or older. 549
b. The victim was un der 18 years of age or the parent 550
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believed the victim to be under 18 years of age. 551
552
A parent may rebut the presumption upon a specific finding in 553
writing by the court that the parent poses no significant risk 554
of harm to the child and that time -sharing is in the best 555
interests of the minor child. If the presumption is rebutted, 556
the court shall consider all time -sharing factors in subsection 557
(3) when developing a time -sharing schedule. 558
6. Access to records and information pertaining to a minor 559
child, including, but not limited to, medical, dental, and 560
school records, may not be denied to either parent. Full rights 561
under this subparagraph apply to either parent unless a court 562
order specifically revokes these rights, including any 563
restrictions on these rights as provided in a domestic violence 564
injunction. A parent having rights under this subparagraph has 565
the same rights upon request as to form, substance, and manner 566
of access as are available to the other parent of a child, 567
including, without limitation, the r ight to in-person 568
communication with medical, dental, and education providers. 569
Section 4. Paragraph (b) of subsection (1) of section 570
61.14, Florida Statutes, is amended, and paragraph (c) is added 571
to subsection (11) and subsections (12), (13), and (14) are 572
added to that section, to read: 573
61.14 Enforcement and modification of support, 574
maintenance, or alimony agreements or orders. — 575
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(1) 576
(b)1. The court may reduce or terminate an award of 577
alimony or order reimbursement to the obligor for any amount the 578
court determines is equitable upon specific written findings by 579
the court that since the granting of a divorce and the award of 580
alimony, a supportive relationship exists or has existed between 581
the obligee and another a person at any time during the 180 da ys 582
before the filing of a petition for modification of alimony with 583
whom the obligee resides . On the issue of whether alimony should 584
be reduced or terminated under this paragraph, the burden is on 585
the obligor to prove by a preponderance of the evidence tha t a 586
supportive relationship exists or existed. If the obligor proves 587
that a supportive relationship exists or existed, the burden 588
shifts to the obligee to disprove, by a preponderance of the 589
evidence, that the court should terminate an existing award of 590
alimony. 591
2. In determining the extent to which whether an existing 592
award of alimony should be reduced or terminated because of an 593
alleged supportive relationship between an obligee and a person 594
who is not related by consanguinity or affinity and with whom 595
the obligee resides, the court must make written findings of 596
fact concerning the nature and the extent of the supportive 597
relationship in question and the circumstances of the supportive 598
relationship, including, but not limited to, the following 599
factors shall elicit the nature and extent of the relationship 600
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in question. The court shall give consideration, without 601
limitation, to circumstances, including, but not limited to, the 602
following, in determining the relationship of an obligee to 603
another person: 604
a. The extent to which the obligee and the other person 605
have held themselves out as a married couple by engaging in 606
conduct such as using the same last name, using a common mailing 607
address, referring to each other in terms such as "my husband" 608
or "my wife," or otherwise conducting themselves in a manner 609
that evidences a permanent supportive relationship. 610
b. The period of time that the obligee has resided with 611
the other person in a permanent place of abode. 612
c. The extent to which the obligee and the other pe rson 613
have pooled their assets or income or otherwise exhibited 614
financial interdependence. 615
d. The extent to which the obligee or the other person has 616
supported the other, in whole or in part. 617
e. The extent to which the obligee or the other person has 618
performed valuable services for the other. 619
f. The extent to which the obligee or the other person has 620
performed valuable services for the other's company or employer. 621
g. Whether the obligee and the other person have worked 622
together to create or enhance a nything of value. 623
h. Whether the obligee and the other person have jointly 624
contributed to the purchase of any real or personal property. 625
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i. Evidence in support of a claim that the obligee and the 626
other person have an express agreement regarding property 627
sharing or support. 628
j. Evidence in support of a claim that the obligee and the 629
other person have an implied agreement regarding property 630
sharing or support. 631
k. Whether the obligee and the other person have provided 632
support to the children of o ne another, regardless of any legal 633
duty to do so. 634
3. This paragraph does not abrogate the requirement that 635
every marriage in this state be solemnized under a license, does 636
not recognize a common law marriage as valid, and does not 637
recognize a de facto m arriage. This paragraph recognizes only 638
that relationships do exist that provide economic support 639
equivalent to a marriage and that alimony terminable on 640
remarriage may be reduced or terminated upon the establishment 641
of equivalent equitable circumstances a s described in this 642
paragraph. The existence of a conjugal relationship, though it 643
may be relevant to the nature and extent of the relationship, is 644
not necessary for the application of the provisions of this 645
paragraph. 646
(11) 647
(c) An obligor's subsequent r emarriage or cohabitation 648
does not constitute a basis for either party to seek a 649
modification of an alimony award. 650
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(12)(a) Up to 12 months before seeking to terminate 651
alimony as provided under this section, an obligor may file a 652
notice of retirement and intent to terminate alimony with the 653
court and shall personally serve the obligee or his or her last 654
known attorney of record with such notice. 655
(b) The obligee has 20 days after the date of service of 656
the notice to request the court to enter findings tha t as of the 657
date on which the notice was filed: 658
1. The reduction or termination of alimony would result in 659
any of the following: 660
a. The obligee's income would be less than 130 percent of 661
the federal poverty guidelines for a one -person household, as 662
published by the United States Department of Health and Human 663
Services, based on the obligee's income and investable assets, 664
including any retirement assets from which the obligee can 665
access income without incurring early withdrawal penalties. 666
b. A violation of the terms of the marital settlement 667
agreement between the parties because the marital settlement 668
agreement either does not allow for modification or termination 669
of the alimony award or the proposed reduction in alimony does 670
not comply with applicable terms for modification of alimony 671
specified in the agreement; 672
2. The obligee is the full -time in-home caregiver to a 673
fully and permanently mentally or physically disabled child who 674
is common to the parties; or 675
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3. The obligee is permanently mentally or physically 676
disabled and unable to provide for his or her own support, 677
either partially or fully. 678
(c) If the court makes any of the findings specified in 679
paragraph (b), the court must consider and make written findings 680
regarding the following factors when deciding whether to reduce 681
either the amount or duration of alimony: 682
1. The duration of the marriage. 683
2. The financial resources of the obligee, including the 684
nonmarital and marital assets and liabilities distributed to the 685
obligee, as well as the obl igee's role in conserving or 686
depleting the marital assets distributed at the dissolution of 687
marriage. 688
3. The sources of income available to the obligee, 689
including income available to the obligee through investments of 690
any asset, including retirement assets from which the obligee 691
can access income without incurring early withdrawal penalties. 692
4. The effort and sacrifices of time and leisure necessary 693
for the obligor to continue to provide such alimony and 694
consideration of the presumption that the obl igor has a right to 695
retire when attaining full retirement age as determined by the 696
Social Security Administration. 697
5. The age and health of the obligor. 698
6. The terms of the marital settlement agreement between 699
the parties which govern modification of a limony. 700
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(d) If the court does not make any of the findings 701
specified in paragraph (b), the alimony award amount shall 702
decrease by 25 percent on the date on which the obligor reaches 703
65 years of age or 1 year after the date on which the notice of 704
retirement and intent to terminate alimony is filed, whichever 705
occurs later, and shall continue to decrease by 25 percent each 706
year thereafter until the date the obligor reaches 68 years of 707
age or 4 years after the date on which the notice of retirement 708
is filed, whichever occurs later, at which time alimony shall 709
terminate. 710
(e) Notwithstanding paragraphs (a) -(d), if the obligor 711
continues to work beyond full retirement age as determined by 712
the United States Social Security Administration or beyond the 713
reasonable retirement age for his or her profession or line of 714
work as determined in paragraph (f), whichever occurs earlier, 715
and earns active gross income of more than 50 percent of the 716
obligor's average preretirement annual active gross income for 717
the 3 years preceding his or her full retirement age, actual 718
retirement date, or reasonable retirement age, as applicable, 719
the court may extend alimony until the obligor retires and 720
reduces his or her active gross income below the 50 percent 721
active gross income threshold e stablished under this paragraph. 722
(f) If an obligor seeks to retire at an age that is 723
reasonable for his or her profession or line of work, but before 724
he or she reaches 65 years of age, or if the obligor is older 725
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than his or her full retirement age as det ermined by the Social 726
Security Administration, the court may terminate an alimony 727
award if it determines that the obligor's retirement is 728
reasonable. In determining whether the obligor's retirement is 729
reasonable, the court shall consider all of the followi ng: 730
1. The obligor's age and health. 731
2. The obligor's motivation for retirement. 732
3. The obligor's profession or line of work and the 733
typical retirement age for that profession or line of work. 734
4. The impact that a termination or reduction of alimon y 735
would have on the obligee. In determining the impact, the court 736
must consider any assets accumulated or received by the obligee 737
since the final judgment of dissolution of marriage, including 738
any income generated by such assets and retirement assets from 739
which the obligee can access income without incurring early 740
withdrawal penalties, and the obligee's role in the depletion or 741
conservation of any assets. 742
(g) Up to 12 months before the obligor's anticipated 743
retirement under paragraph (f), the obligor may file a petition 744
to modify or terminate the alimony award, effective upon his or 745
her actual retirement date. The court shall modify or terminate 746
the alimony award after the obligor's retirement date unless the 747
court makes written findings of fact under para graph (f) that 748
the obligor's retirement is not reasonable. 749
(13) Any amount of social security or disability benefits 750
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or retirement payments received by an obligee subsequent to an 751
initial award of alimony constitutes a change in circumstances 752
for which an obligor may seek modification of an alimony award. 753
(14) Agreements on alimony payments, voluntary or pursuant 754
to a court order, which allow for modification or termination of 755
alimony by virtue of either party reaching a certain age, 756
income, or other threshold, or agreements that establish a 757
limited period of time after which alimony is modifiable, are 758
considered agreements that are expressly modifiable or eligible 759
for termination for purposes of this section once the specified 760
condition is met. 761
Section 5. Section 61.19, Florida Statutes, is amended to 762
read: 763
61.19 Entry of judgment of dissolution of marriage ;, delay 764
period; separate adjudication of issues .— 765
(1) A No final judgment of dissolution of marriage may not 766
be entered until at least 20 d ays have elapsed from the date of 767
filing the original petition for dissolution of marriage ,; but 768
the court, on a showing that injustice would result from this 769
delay, may enter a final judgment of dissolution of marriage at 770
an earlier date. 771
(2) If more than 2 years have elapsed after the date of 772
service of the original petition for dissolution of marriage, 773
absent a showing by either party that irreparable harm will 774
result from granting a final judgment of dissolution of 775
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marriage, the court shall, upon requ est of either party, grant a 776
final judgment of dissolution of marriage with a reservation of 777
jurisdiction to subsequently determine all other substantive 778
issues. Before granting the judgment, the court shall enter 779
temporary orders necessary to protect the parties and their 780
children, if any, which orders remain effective until all other 781
issues are adjudicated by the court. This subsection applies to 782
all petitions for dissolution of marriage filed on or after July 783
1, 2022. 784
Section 6. The court shall apply this act to any action 785
pending on or after July 1, 2022. 786
Section 7. This act shall take effect July 1, 2022. 787