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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; creating a presumption for purposes of 64
modifying a parenting plan or time -sharing schedule; 65
amending s. 61.14, F.S.; author izing the court to 66
order an obligee to reimburse alimony payments to the 67
obligor under certain circumstances; specifying a 68
timeframe for the court to consider a supportive 69
relationship between the obligee and another person 70
for purposes of reducing or term inating an award of 71
alimony or ordering reimbursement of alimony payments; 72
providing for the burden of proof in such 73
determinations; revising factors the court may 74
consider when determining whether a supportive 75
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relationship exists or existed between the ob ligee and 76
another person; requiring the court to make written 77
findings related to such factors; providing that an 78
obligor's subsequent remarriage or cohabitation is not 79
a basis for modification of alimony; authorizing an 80
obligor to file a notice of retirem ent and intent to 81
terminate alimony within a specified timeframe before 82
such retirement; providing notice and response 83
requirements; requiring the court to make written 84
findings regarding specified factors when deciding 85
whether to reduce the amount or dura tion of alimony; 86
providing for the reduction and termination of alimony 87
within specified timeframes under certain 88
circumstances; authorizing the court to extend 89
durational alimony beyond an obligor's full retirement 90
age or reasonable retirement age for his or her 91
profession or line of work under certain 92
circumstances, notwithstanding its other findings; 93
authorizing the court to terminate an alimony 94
obligation if the obligor retires at a reasonable age 95
for his or her profession or line of work or is older 96
than his or her full retirement age; requiring the 97
court to consider certain factors in determining 98
whether the obligor's retirement is reasonable; 99
authorizing an obligor to prospectively file a 100
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petition for modification or termination of alimony 101
effective upon his or her retirement; requiring a 102
court to modify or terminate an alimony award upon 103
retirement of the obligor; providing an exception; 104
providing that certain benefits of the obligee 105
constitute a change in circumstances for which an 106
obligor may seek modification of an alimony award; 107
providing that certain agreements on alimony payments 108
are considered expressly modifiable or eligible for 109
termination under certain circumstances; amending s. 110
61.19, F.S.; requiring the court to grant, upon 111
request of either party, a final judgment of 112
dissolution of marriage and reserve jurisdiction to 113
adjudicate other substantive issues under certain 114
circumstances; requiring the court to enter temporary 115
orders necessary to protect the parties and their 116
children, if any; pro viding that such temporary orders 117
are effective until all other issues are adjudicated 118
by the court; providing applicability; providing an 119
effective date. 120
121
Be It Enacted by the Legislature of the State of Florida: 122
123
Section 1. Subsections (1) throug h (23) of section 61.046, 124
Florida Statutes, are renumbered as subsections (2) through 125
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(24), respectively, a new subsection (1) is added to that 126
section, and present subsection (8) of that section is amended, 127
to read: 128
61.046 Definitions. —As used in this chapter, the term: 129
(1) "Active gross income" means salary, wages, bonuses, 130
commissions, allowances, overtime, tips, and other similar 131
payments and business income from self -employment, partnerships, 132
close corporations, independent contracts, and other sim ilar 133
sources. For purposes of this subsection, the term "business 134
income" means gross receipts minus ordinary and necessary 135
expenses required to produce income and requires that such 136
business income be derived in a way that meets any of the 137
material participation tests outlined in the Internal Revenue 138
Service's Publication 925 (2020), Passive Activity and At -Risk 139
Rules. 140
(9)(8) "Income" means any form of payment to an 141
individual, regardless of source, including, but not limited 142
to,: wages, salary, commissi ons and bonuses, compensation as an 143
independent contractor, worker's compensation, disability 144
benefits, annuity and retirement benefits, pensions, dividends, 145
interest, royalties, trust distributions trusts, and any other 146
payments, made by any person, priva te entity, federal or state 147
government, or any unit of local government. United States 148
Department of Veterans Affairs disability benefits and 149
reemployment assistance or unemployment compensation, as defined 150
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in chapter 443, are excluded from this definition of income 151
except for purposes of establishing an amount of support. 152
Section 2. Section 61.08, Florida Statutes, is amended to 153
read: 154
61.08 Alimony.— 155
(1) As used in this section, the term: 156
(a) "Alimony" means a court -ordered or voluntary payment 157
of support by one spouse to the other spouse. The term includes 158
any voluntary payment made after the date of filing an order for 159
maintenance, spousal support, temporary support, or separate 160
support when the payment is not intended for the benefit of a 161
child in common. 162
(b) "Gross income" means gross income as determined in 163
accordance with s. 61.30(2). 164
(c) "Net income" means income that is determined by 165
subtracting allowable deductions from gross income. For purposes 166
of this section, allowable deductions i nclude any of the 167
following: 168
1. Federal, state, or local income tax deductions, 169
adjusted for actual filing status and allowable dependents, and 170
income tax liabilities. 171
2. Federal insurance contributions or self -employment tax. 172
3. Mandatory union dues . 173
4. Mandatory retirement payments. 174
5. Health insurance payments, excluding payments for 175
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coverage of a minor child. 176
6. Court-ordered support for other children which is 177
actually paid. 178
7. Spousal support paid pursuant to a court order from a 179
previous marriage. 180
(2)(a) In a proceeding for dissolution of marriage, the 181
court may grant alimony to either party in the form of, which 182
alimony may be bridge-the-gap, rehabilitative, or durational 183
alimony, or a permanent in nature or any combination of these 184
forms of alimony. In an any award of alimony, the court may 185
order periodic payments , or payments in lump sum , or both. 186
(b) The court shall make written findings regarding the 187
basis for awarding a combination of forms of alimony, including 188
the type of alimony and the length of time for which the alimony 189
is awarded. The court may award a combination of forms of 190
alimony only to provide greater economic assistance in order to 191
allow the recipient to achieve rehabilitation. 192
(c) The court may consider th e adultery of either spouse 193
and the circumstances thereof in determining the amount of 194
alimony, if any, to be awarded. In all dissolution actions, the 195
court shall include written findings of fact relative to the 196
factors provided enumerated in subsection (3) (2) supporting the 197
an award or denial of alimony. 198
(3)(2) In determining whether to award alimony or 199
maintenance, the court shall first make a specific , written 200
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factual determination as to whether the either party seeking 201
alimony or maintenance has an actual need for it alimony or 202
maintenance and whether the other either party has the ability 203
to pay alimony or maintenance. If the court finds that the a 204
party seeking alimony or maintenance has a need for it alimony 205
or maintenance and that the other party has the ability to pay 206
alimony or maintenance, then in determining the proper type and 207
amount of alimony or maintenance under subsections (5)-(9) (5)-208
(8), the court must shall consider all relevant factors, 209
including, but not limited to: 210
(a) The standard of living established during the 211
marriage, including the needs and necessities of life for each 212
party after the dissolution of marriage, taking into 213
consideration the presumption that both parties will have a 214
lower standard of living after the di ssolution of marriage than 215
their standard of living during the marriage. This presumption 216
may be overcome by a preponderance of the evidence . 217
(b) The duration of the marriage. 218
(c) The age and the physical and emotional condition of 219
each party. 220
(d) The financial resources of each party, including the 221
nonmarital and the marital assets and liabilities distributed to 222
each. 223
(e) The earning capacities, educational levels, vocational 224
skills, and employability of the parties and, when applicable, 225
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the time necessary for either party to acquire sufficient 226
education or training to enable such party to find appropriate 227
employment. 228
(f) The contribution of each party to the marriage, 229
including, but not limited to, services rendered in homemaking, 230
child care, education, and career building of either the other 231
party. 232
(g) The responsibilities each party will have with regard 233
to any minor children whom the parties they have in common. 234
(h) The tax treatment and consequences to both parties of 235
an any alimony award, including the designation of all or a 236
portion of the payment as a nontaxable, nondeductible payment . 237
(i) All sources of income available to either party, 238
including income available to either party through investments 239
of any asset held by that party. 240
(j) Any other factor necessary for to do equity and 241
justice between the parties , if such factor is specifically 242
identified in the award with findings of fact justifying the 243
application of such factor . 244
(4)(3) To the extent necessary to protect an award of 245
alimony, the obligee may court may order any party who is 246
ordered to pay alimony to purchase or maintain a life insurance 247
policy on the obligor's life in an amount adequate to or a bond, 248
or to otherwise secure such alimony award . If the obligee 249
purchases a life insurance policy, the obligor must cooperate in 250
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the process of procuring the issuance and underwriting of the 251
life insurance policy with any other assets which may be 252
suitable for that purpose . 253
(5)(4) For purposes of determining alimony, there is a 254
rebuttable presumption that a short -term marriage is a marriage 255
having a duration of fewer less than 10 7 years, a moderate-term 256
marriage is a marriage having a duration between 10 and 20 of 257
greater than 7 years but less than 17 years, and a long-term 258
marriage is a marriage having a duration of 20 17 years or 259
longer greater. The length of a marriage is the period of time 260
from the date of marriage until the date of filing of an action 261
for dissolution of marriage. 262
(6)(5) Bridge-the-gap alimony may be awarded to assist a 263
party by providing support to allow the party to make a 264
transition from being married to being single. Bridge -the-gap 265
alimony is designed to assist a party with legitimate 266
identifiable short-term needs, and the length of an award of 267
bridge-the-gap alimony may not exceed 2 years. An award of 268
bridge-the-gap alimony terminates upon the death of either party 269
or upon the remarriage of the party receiving alimony. An award 270
of bridge-the-gap alimony is shall not be modifiable in amount 271
or duration. 272
(7)(a)(6)(a) Rehabilitative alimony may be awarded to 273
assist a party in establishing the capacity for self -support 274
through either: 275
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1. The redevelopment of previous skills or credentials; or 276
2. The acquisition of e ducation, training, or work 277
experience necessary to develop appropriate employment skills or 278
credentials. 279
(b) In order to award rehabilitative alimony, there must 280
be a specific and defined rehabilitative plan which shall be 281
included as a part of any orde r awarding rehabilitative alimony. 282
(c) The length of an award of rehabilitative alimony may 283
not exceed 5 years. 284
(d) An award of rehabilitative alimony may be modified or 285
terminated in accordance with s. 61.14 based upon a substantial 286
change in circumstances, upon noncompliance with the 287
rehabilitative plan, or upon completion of the rehabilitative 288
plan if the plan is completed before the length of the award of 289
rehabilitative alimony expires . 290
(8)(a)(7) Durational alimony may be awarded when permanent 291
periodic alimony is inappropriate. The purpose of durational 292
alimony is to provide a party with economic assistance for a set 293
period of time following a marriage of short or moderate 294
duration or following a marriage of long duration if there is no 295
ongoing need for support on a permanent basis . An award of 296
durational alimony terminates upon the death of either party or 297
upon the remarriage of the party receiving alimony. The amount 298
of an award of durational alimony may be modified or terminated 299
based upon a substantial change in circumstances in accordance 300
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with s. 61.14. Durational alimony may not be awarded following a 301
marriage lasting fewer than 3 years. However, The length of an 302
award of durational alimony may not be modified except under 303
exceptional circumst ances and may not exceed 50 percent of the 304
length of a the marriage lasting between 3 and 10 years, 60 305
percent of the length of a marriage lasting between 10 and 20 306
years, or 75 percent of the length of a marriage lasting 20 307
years or longer. However, if th e party seeking alimony is either 308
permanently mentally or physically disabled and unable to 309
provide for his or her own support, either partially or fully, 310
or is the full-time in-home caregiver to a fully and permanently 311
mentally or physically disabled chil d who is common to the 312
parties, the court may extend durational alimony beyond the 313
thresholds established in this paragraph based on the duration 314
of the marriage until the death of the child or until the court 315
determines that there is no longer a need for durational 316
alimony. For purposes of this subsection, the length of a 317
marriage is the period of time beginning on the date of marriage 318
and ending on the date an action for dissolution of marriage is 319
filed. When awarding durational alimony, the court must ma ke 320
written findings of fact that an award of another type of 321
alimony, or a combination of the other forms of alimony, is not 322
appropriate. 323
(b) The amount of durational alimony is the amount 324
determined to be the obligee's reasonable need or an amount not 325
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to exceed 35 percent of the difference between the parties' net 326
incomes, whichever amount is less. 327
(c) In determining the length of an award of durational 328
alimony, the court shall reduce the length of an award of 329
durational alimony for the length of time during which the 330
obligor made temporary support payments to the obligee, either 331
voluntarily or pursuant to a court order, after the date of 332
filing a petition for dissolution of marriage. 333
(d) In determining the extent to which alimony should be 334
granted because a supportive relationship exists or has existed 335
between the party seeking alimony and another person who is not 336
related by consanguinity or affinity at any time since 180 days 337
before filing the petition for dissolution of marriage, the 338
court shall consider all relevant factors presented concerning 339
the nature and extent of the supportive relationship in 340
question. The burden is on the obligor to prove by a 341
preponderance of the evidence that a supportive relationship 342
exists. If a supportive relationship is proven to exist, the 343
burden shifts to the obligee to disprove by a preponderance of 344
the evidence that the court should deny or reduce the initial 345
award of alimony. The court must make written findings of fact 346
concerning the circumstances of the supporti ve relationship, 347
including, but not limited to, the factors set forth in s. 348
61.14(1)(b)2. 349
(e) If an obligor reaches full retirement age as 350
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determined by the Social Security Administration or the 351
customary retirement age for his or her profession before t he 352
end of the durational period indicated by paragraph (a), the 353
durational alimony shall end on the date the obligor retires if 354
all of the following conditions are met: 355
1. The obligor files a notice of retirement and intent to 356
terminate alimony with the court and personally serves the 357
alimony recipient or his or her last known attorney of record at 358
least 1 year before the date on which the obligor's retirement 359
is intended to become effective. 360
2. The obligee has not contested the notice of retirement 361
and intent to terminate alimony according to the factors 362
specified in s. 61.14(12)(b) or the court has determined that 363
such factors do not apply. If the court makes any of the 364
findings specified in s. 61.14(12)(b), the court must consider 365
and make written fin dings regarding the factors listed in s. 366
61.14(12)(c) to determine whether to extend the length of the 367
alimony award as set forth in s. 61.08(8)(a). 368
369
However, if the obligor continues to work beyond his or her 370
retirement age as provided under this paragrap h and earns active 371
gross income of more than 50 percent of the obligor's average 372
preretirement annual active gross income for the 3 years 373
preceding his or her retirement age, the court may extend 374
alimony until the durational limitations established in this 375
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subsection have been satisfied or the obligor retires and 376
reduces his or her active gross income below the 50 percent 377
threshold established in this paragraph. 378
(9) A party against whom alimony is sought who has 379
attained his or her full retirement age as determined by the 380
Social Security Administration before the adjudication of the 381
petition for dissolution of marriage may not be ordered to pay 382
bridge-the-gap, rehabilitative, or durational alimony, unless 383
the court determines that: 384
(a) The party seeking alimony has not reached the age to 385
qualify for any social security retirement benefits; and 386
(b)1. As a result of the dissolution of marriage, the 387
party seeking alimony would have an income less than 130 percent 388
of the federal poverty guidelines for a one -person household, as 389
published by the United States Department of Health and Human 390
Services, based on the income and investable assets available 391
after the dissolution of marriage is final, including any 392
retirement assets from which the obligee can access income 393
without incurring early withdrawal penalties; or 394
2. The party seeking alimony is the full -time in-home 395
caregiver to a fully and permanently mentally or physically 396
disabled child who is common to the parties, or the party is 397
permanently mentally or physically disabled and unable to 398
provide for his or her own support, either partially or fully. 399
(10) Notwithstanding any other law, alimony may not be 400
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awarded to a party who has a monthly net income that is equal to 401
or more than the other party's month ly net income. 402
(11) Social security retirement benefits may not be 403
imputed to the obligor as demonstrated by a social security 404
retirement benefits entitlement letter unless those benefits are 405
actually being paid. 406
(12) If the obligee alleges that a phys ical disability has 407
impaired his or her capability to earn income, the obligee must 408
have qualified for benefits under the Social Security 409
Administration Disability Insurance program or, in the event the 410
obligee is not eligible for the program, must demonst rate that 411
his or her disability meets the disability qualification 412
standards of the Social Security Administration Disability 413
Insurance program. 414
(8) Permanent alimony may be awarded to provide for the 415
needs and necessities of life as they were establishe d during 416
the marriage of the parties for a party who lacks the financial 417
ability to meet his or her needs and necessities of life 418
following a dissolution of marriage. Permanent alimony may be 419
awarded following a marriage of long duration if such an award 420
is appropriate upon consideration of the factors set forth in 421
subsection (2), following a marriage of moderate duration if 422
such an award is appropriate based upon clear and convincing 423
evidence after consideration of the factors set forth in 424
subsection (2), or following a marriage of short duration if 425
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there are written findings of exceptional circumstances. In 426
awarding permanent alimony, the court shall include a finding 427
that no other form of alimony is fair and reasonable under the 428
circumstances of the parti es. An award of permanent alimony 429
terminates upon the death of either party or upon the remarriage 430
of the party receiving alimony. An award may be modified or 431
terminated based upon a substantial change in circumstances or 432
upon the existence of a supportive relationship in accordance 433
with s. 61.14. 434
(9) The award of alimony may not leave the payor with 435
significantly less net income than the net income of the 436
recipient unless there are written findings of exceptional 437
circumstances. 438
(13)(a)(10)(a) With respect to any order requiring the 439
payment of alimony entered on or after January 1, 1985, unless 440
the provisions of paragraph (c) or paragraph (d) applies apply, 441
the court shall direct in the order that the payments of alimony 442
be made through the appropriate d epository as provided in s. 443
61.181. 444
(b) With respect to any order requiring the payment of 445
alimony entered before January 1, 1985, upon the subsequent 446
appearance, on or after that date , of one or both parties before 447
the court having jurisdiction for the purpose of modifying or 448
enforcing the order or in any other proceeding related to the 449
order, or upon the application of either party, unless the 450
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provisions of paragraph (c) or paragraph ( d) applies apply, the 451
court shall modify the terms of the order as necessary to direct 452
that payments of alimony be made through the appropriate 453
depository as provided in s. 61.181. 454
(c) If there is no minor child, alimony payments need not 455
be directed through the depository. 456
(d)1. If there is a minor child of the parties and both 457
parties so request, the court may order that alimony payments 458
need not be directed through the depository. In this case, the 459
order of support must shall provide, or be deemed to provide, 460
that either party may subsequently apply to the depository to 461
require that payments be made through the depository. The court 462
shall provide a copy of the order to the depository. 463
2. If the provisions of subparagraph 1. applies apply, 464
either party may subsequently file with the depository an 465
affidavit alleging default or arrearages in payment and stating 466
that the party wishes to initiate participation in the 467
depository program. The party shall provide copies of the 468
affidavit to the court and the other party or parties. Fifteen 469
days after receipt of the affidavit, the depository shall notify 470
all parties that future payments shall be directed to the 471
depository. 472
3. In IV-D cases, the IV-D agency has shall have the same 473
rights as the obligee in requ esting that payments be made 474
through the depository. 475
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(14) The court shall apply this section to all petitions 476
for dissolution of marriage which have not been adjudicated 477
before July 1, 2022, and to any petitions for dissolution of 478
marriage filed on or af ter July 1, 2022. 479
Section 3. Paragraph (c) of subsection (2) and subsection 480
(3) of section 61.13, Florida Statutes, are amended to read: 481
61.13 Support of children; parenting and time -sharing; 482
powers of court.— 483
(2) 484
(c) The court shall determine all matters relating to 485
parenting and time-sharing of each minor child of the parties in 486
accordance with the best interests of the child and in 487
accordance with the Uniform Child Custody Jurisdiction and 488
Enforcement Act, except that modification of a parenting plan 489
and time-sharing schedule requires a showing of a substantial, 490
material, and unanticipated change of circumstances. 491
1. It is the public policy of this state that each minor 492
child has frequent and continuing contact with both parents 493
after the parents separate or the marriage of the parties is 494
dissolved and to encourage parents to share the rights and 495
responsibilities, and joys, of childrearing. Unless otherwise 496
provided in this section or agreed to by the parties, there is a 497
presumption that equal t ime-sharing of a minor child is in the 498
best interests of the minor child who is common to the parties 499
Except as otherwise provided in this paragraph, there is no 500
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presumption for or against the father or mother of the child or 501
for or against any specific ti me-sharing schedule when creating 502
or modifying the parenting plan of the child. 503
2. The court shall order that the parental responsibility 504
for a minor child be shared by both parents unless the court 505
finds that shared parental responsibility would be detr imental 506
to the child. The following evidence creates a rebuttable 507
presumption of detriment to the child: 508
a. A parent has been convicted of a misdemeanor of the 509
first degree or higher involving domestic violence, as defined 510
in s. 741.28 and chapter 775; 511
b. A parent meets the criteria of s. 39.806(1)(d); or 512
c. A parent has been convicted of or had adjudication 513
withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 514
at the time of the offense: 515
(I) The parent was 18 years of age or older. 516
(II) The victim was under 18 years of age or the parent 517
believed the victim to be under 18 years of age. 518
519
If the presumption is not rebutted after the convicted parent is 520
advised by the court that the presumption exists, shared 521
parental responsibility, includ ing time-sharing with the child, 522
and decisions made regarding the child, may not be granted to 523
the convicted parent. However, the convicted parent is not 524
relieved of any obligation to provide financial support. If the 525
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court determines that shared parental responsibility would be 526
detrimental to the child, it may order sole parental 527
responsibility and make such arrangements for time -sharing as 528
specified in the parenting plan as will best protect the child 529
or abused spouse from further harm. Whether or not the re is a 530
conviction of any offense of domestic violence or child abuse or 531
the existence of an injunction for protection against domestic 532
violence, the court shall consider evidence of domestic violence 533
or child abuse as evidence of detriment to the child. 534
3. In ordering shared parental responsibility, the court 535
may consider the expressed desires of the parents and may grant 536
to one party the ultimate responsibility over specific aspects 537
of the child's welfare or may divide those responsibilities 538
between the parties based on the best interests of the child. 539
Areas of responsibility may include education, health care, and 540
any other responsibilities that the court finds unique to a 541
particular family. 542
4. The court shall order sole parental responsibility for 543
a minor child to one parent, with or without time -sharing with 544
the other parent if it is in the best interests of the minor 545
child. 546
5. There is a rebuttable presumption against granting 547
time-sharing with a minor child if a parent has been convicted 548
of or had adjudication withheld for an offense enumerated in s. 549
943.0435(1)(h)1.a., and at the time of the offense: 550
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a. The parent was 18 years of age or older. 551
b. The victim was under 18 years of age or the parent 552
believed the victim to be under 18 years of ag e. 553
554
A parent may rebut the presumption upon a specific finding in 555
writing by the court that the parent poses no significant risk 556
of harm to the child and that time -sharing is in the best 557
interests of the minor child. If the presumption is rebutted, 558
the court shall consider all time -sharing factors in subsection 559
(3) when developing a time -sharing schedule. 560
6. Access to records and information pertaining to a minor 561
child, including, but not limited to, medical, dental, and 562
school records, may not be denied to either parent. Full rights 563
under this subparagraph apply to either parent unless a court 564
order specifically revokes these rights, including any 565
restrictions on these rights as provided in a domestic violence 566
injunction. A parent having rights under this subparagraph has 567
the same rights upon request as to form, substance, and manner 568
of access as are available to the other parent of a child, 569
including, without limitation, the right to in -person 570
communication with medical, dental, and education providers. 571
(3) For purposes of establishing or modifying parental 572
responsibility and creating, developing, approving, or modifying 573
a parenting plan, including a time -sharing schedule, which 574
governs each parent's relationship with his or her minor child 575
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and the relationship between each parent with regard to his or 576
her minor child, the best interest of the child shall be the 577
primary consideration. A determination of parental 578
responsibility, a parenting plan, or a time -sharing schedule may 579
not be modified without a sho wing of a substantial, material, 580
and unanticipated change in circumstances and a determination 581
that the modification is in the best interests of the child. For 582
purposes of the modification of a parenting plan and time -583
sharing schedule, a parent's permanent relocation to a residence 584
within 50 miles of the primary residence of the child is 585
presumed to be a substantial, material, and unanticipated change 586
in circumstances. Determination of the best interests of the 587
child shall be made by evaluating all of the f actors affecting 588
the welfare and interests of the particular minor child and the 589
circumstances of that family, including, but not limited to: 590
(a) The demonstrated capacity and disposition of each 591
parent to facilitate and encourage a close and continuing 592
parent-child relationship, to honor the time -sharing schedule, 593
and to be reasonable when changes are required. 594
(b) The anticipated division of parental responsibilities 595
after the litigation, including the extent to which parental 596
responsibilities will be delegated to third parties. 597
(c) The demonstrated capacity and disposition of each 598
parent to determine, consider, and act upon the needs of the 599
child as opposed to the needs or desires of the parent. 600
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(d) The length of time the child has lived in a stab le, 601
satisfactory environment and the desirability of maintaining 602
continuity. 603
(e) The geographic viability of the parenting plan, with 604
special attention paid to the needs of school -age children and 605
the amount of time to be spent traveling to effectuate th e 606
parenting plan. This factor does not create a presumption for or 607
against relocation of either parent with a child. 608
(f) The moral fitness of the parents. 609
(g) The mental and physical health of the parents. 610
(h) The home, school, and community record o f the child. 611
(i) The reasonable preference of the child, if the court 612
deems the child to be of sufficient intelligence, understanding, 613
and experience to express a preference. 614
(j) The demonstrated knowledge, capacity, and disposition 615
of each parent to be informed of the circumstances of the minor 616
child, including, but not limited to, the child's friends, 617
teachers, medical care providers, daily activities, and favorite 618
things. 619
(k) The demonstrated capacity and disposition of each 620
parent to provide a con sistent routine for the child, such as 621
discipline, and daily schedules for homework, meals, and 622
bedtime. 623
(l) The demonstrated capacity of each parent to 624
communicate with and keep the other parent informed of issues 625
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and activities regarding the minor chil d, and the willingness of 626
each parent to adopt a unified front on all major issues when 627
dealing with the child. 628
(m) Evidence of domestic violence, sexual violence, child 629
abuse, child abandonment, or child neglect, regardless of 630
whether a prior or pending action relating to those issues has 631
been brought. If the court accepts evidence of prior or pending 632
actions regarding domestic violence, sexual violence, child 633
abuse, child abandonment, or child neglect, the court must 634
specifically acknowledge in writing that such evidence was 635
considered when evaluating the best interests of the child. 636
(n) Evidence that either parent has knowingly provided 637
false information to the court regarding any prior or pending 638
action regarding domestic violence, sexual violence, child 639
abuse, child abandonment, or child neglect. 640
(o) The particular parenting tasks customarily performed 641
by each parent and the division of parental responsibilities 642
before the institution of litigation and during the pending 643
litigation, including the extent to which parenting 644
responsibilities were undertaken by third parties. 645
(p) The demonstrated capacity and disposition of each 646
parent to participate and be involved in the child's school and 647
extracurricular activities. 648
(q) The demonstrated capacity and disposition of each 649
parent to maintain an environment for the child which is free 650
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from substance abuse. 651
(r) The capacity and disposition of each parent to protect 652
the child from the ongoing litigation as demonstrated by not 653
discussing the litigation with the child, not sharing documents 654
or electronic media related to the litigation with the child, 655
and refraining from disparaging comments about the other parent 656
to the child. 657
(s) The developmental stages and needs of the child and 658
the demonstrated capacity and disposition of each parent to meet 659
the child's developmental needs. 660
(t) Any other factor that is relevant to the determination 661
of a specific parenting plan, including the time -sharing 662
schedule. 663
Section 4. Paragraph (b) of subsection (1) of section 664
61.14, Florida Statutes, is amended, and paragraph (c) is added 665
to subsection (11) and subsections (12), (13), and (14) are 666
added to that section, to read: 667
61.14 Enforcement and modification of support, 668
maintenance, or alimony agreements or orde rs.— 669
(1) 670
(b)1. The court may reduce or terminate an award of 671
alimony or order reimbursement to the obligor for any amount the 672
court determines is equitable upon specific written findings by 673
the court that since the granting of a divorce and the award of 674
alimony, a supportive relationship exists or has existed between 675
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the obligee and another a person at any time during the 180 days 676
before the filing of a petition for modification of alimony with 677
whom the obligee resides . On the issue of whether alimony sh ould 678
be reduced or terminated under this paragraph, the burden is on 679
the obligor to prove by a preponderance of the evidence that a 680
supportive relationship exists or existed. If the obligor proves 681
that a supportive relationship exists or existed, the burde n 682
shifts to the obligee to disprove, by a preponderance of the 683
evidence, that the court should terminate an existing award of 684
alimony. 685
2. In determining the extent to which whether an existing 686
award of alimony should be reduced or terminated because of a n 687
alleged supportive relationship between an obligee and a person 688
who is not related by consanguinity or affinity and with whom 689
the obligee resides, the court must make written findings of 690
fact concerning the nature and the extent of the supportive 691
relationship in question and the circumstances of the supportive 692
relationship, including, but not limited to, the following 693
factors shall elicit the nature and extent of the relationship 694
in question. The court shall give consideration, without 695
limitation, to circumstances, including, but not limited to, the 696
following, in determining the relationship of an obligee to 697
another person: 698
a. The extent to which the obligee and the other person 699
have held themselves out as a married couple by engaging in 700
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conduct such as using the same last name, using a common mailing 701
address, referring to each other in terms such as "my husband" 702
or "my wife," or otherwise conducting themselves in a manner 703
that evidences a permanent supportive relationship. 704
b. The period of time that th e obligee has resided with 705
the other person in a permanent place of abode. 706
c. The extent to which the obligee and the other person 707
have pooled their assets or income or otherwise exhibited 708
financial interdependence. 709
d. The extent to which the obligee o r the other person has 710
supported the other, in whole or in part. 711
e. The extent to which the obligee or the other person has 712
performed valuable services for the other. 713
f. The extent to which the obligee or the other person has 714
performed valuable service s for the other's company or employer. 715
g. Whether the obligee and the other person have worked 716
together to create or enhance anything of value. 717
h. Whether the obligee and the other person have jointly 718
contributed to the purchase of any real or personal property. 719
i. Evidence in support of a claim that the obligee and the 720
other person have an express agreement regarding property 721
sharing or support. 722
j. Evidence in support of a claim that the obligee and the 723
other person have an implied agreement regard ing property 724
sharing or support. 725
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k. Whether the obligee and the other person have provided 726
support to the children of one another, regardless of any legal 727
duty to do so. 728
3. This paragraph does not abrogate the requirement that 729
every marriage in this st ate be solemnized under a license, does 730
not recognize a common law marriage as valid, and does not 731
recognize a de facto marriage. This paragraph recognizes only 732
that relationships do exist that provide economic support 733
equivalent to a marriage and that ali mony terminable on 734
remarriage may be reduced or terminated upon the establishment 735
of equivalent equitable circumstances as described in this 736
paragraph. The existence of a conjugal relationship, though it 737
may be relevant to the nature and extent of the rela tionship, is 738
not necessary for the application of the provisions of this 739
paragraph. 740
(11) 741
(c) An obligor's subsequent remarriage or cohabitation 742
does not constitute a basis for either party to seek a 743
modification of an alimony award. 744
(12)(a) Up to 12 months before seeking to terminate 745
alimony as provided under this section, an obligor may file a 746
notice of retirement and intent to terminate alimony with the 747
court and shall personally serve the obligee or his or her last 748
known attorney of record with such notice. 749
(b) The obligee has 20 days after the date of service of 750
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the notice to request the court to enter findings that as of the 751
date on which the notice was filed: 752
1. The reduction or termination of alimony would result in 753
any of the following: 754
a. The obligee's income would be less than 130 percent of 755
the federal poverty guidelines for a one -person household, as 756
published by the United States Department of Health and Human 757
Services, based on the obligee's income and investable assets, 758
including any retirement assets from which the obligee can 759
access income without incurring early withdrawal penalties. 760
b. A violation of the terms of the marital settlement 761
agreement between the parties because the marital settlement 762
agreement either does not allow f or modification or termination 763
of the alimony award or the proposed reduction in alimony does 764
not comply with applicable terms for modification of alimony 765
specified in the agreement; 766
2. The obligee is the full -time in-home caregiver to a 767
fully and permanently mentally or physically disabled child who 768
is common to the parties; or 769
3. The obligee is permanently mentally or physically 770
disabled and unable to provide for his or her own support, 771
either partially or fully. 772
(c) If the court makes any of the fi ndings specified in 773
paragraph (b), the court must consider and make written findings 774
regarding the following factors when deciding whether to reduce 775
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either the amount or duration of alimony: 776
1. The duration of the marriage. 777
2. The financial resources of the obligee, including the 778
nonmarital and marital assets and liabilities distributed to the 779
obligee, as well as the obligee's role in conserving or 780
depleting the marital assets distributed at the dissolution of 781
marriage. 782
3. The sources of income avail able to the obligee, 783
including income available to the obligee through investments of 784
any asset, including retirement assets from which the obligee 785
can access income without incurring early withdrawal penalties. 786
4. The effort and sacrifices of time and l eisure necessary 787
for the obligor to continue to provide such alimony and 788
consideration of the presumption that the obligor has a right to 789
retire when attaining full retirement age as determined by the 790
Social Security Administration. 791
5. The age and health of the obligor. 792
6. The terms of the marital settlement agreement between 793
the parties which govern modification of alimony. 794
(d) If the court does not make any of the findings 795
specified in paragraph (b), the alimony award amount shall 796
decrease by 25 percent on the date on which the obligor reaches 797
65 years of age or 1 year after the date on which the notice of 798
retirement and intent to terminate alimony is filed, whichever 799
occurs later, and shall continue to decrease by 25 percent each 800
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year thereafter until the date the obligor reaches 68 years of 801
age or 4 years after the date on which the notice of retirement 802
is filed, whichever occurs later, at which time alimony shall 803
terminate. 804
(e) Notwithstanding paragraphs (a) -(d), if the obligor 805
continues to work beyond full retirement age as determined by 806
the United States Social Security Administration or beyond the 807
reasonable retirement age for his or her profession or line of 808
work as determined in paragraph (f), whichever occurs earlier, 809
and earns active gross income of more than 50 percent of the 810
obligor's average preretirement annual active gross income for 811
the 3 years preceding his or her full retirement age, actual 812
retirement date, or reasonable retirement age, as applicable, 813
the court may extend alimony unt il the obligor retires and 814
reduces his or her active gross income below the 50 percent 815
active gross income threshold established under this paragraph. 816
(f) If an obligor seeks to retire at an age that is 817
reasonable for his or her profession or line of wor k, but before 818
he or she reaches 65 years of age, or if the obligor is older 819
than his or her full retirement age as determined by the Social 820
Security Administration, the court may terminate an alimony 821
award if it determines that the obligor's retirement is 822
reasonable. In determining whether the obligor's retirement is 823
reasonable, the court shall consider all of the following: 824
1. The obligor's age and health. 825
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2. The obligor's motivation for retirement. 826
3. The obligor's profession or line of work and the 827
typical retirement age for that profession or line of work. 828
4. The impact that a termination or reduction of alimony 829
would have on the obligee. In determining the impact, the court 830
must consider any assets accumulated or received by the obligee 831
since the final judgment of dissolution of marriage, including 832
any income generated by such assets and retirement assets from 833
which the obligee can access income without incurring early 834
withdrawal penalties, and the obligee's role in the depletion or 835
conservation of any assets. 836
(g) Up to 12 months before the obligor's anticipated 837
retirement under paragraph (f), the obligor may file a petition 838
to modify or terminate the alimony award, effective upon his or 839
her actual retirement date. The court shall modify or term inate 840
the alimony award after the obligor's retirement date unless the 841
court makes written findings of fact under paragraph (f) that 842
the obligor's retirement is not reasonable. 843
(13) Any amount of social security or disability benefits 844
or retirement payments received by an obligee subsequent to an 845
initial award of alimony constitutes a change in circumstances 846
for which an obligor may seek modification of an alimony award. 847
(14) Agreements on alimony payments, voluntary or pursuant 848
to a court order, which allow for modification or termination of 849
alimony by virtue of either party reaching a certain age, 850
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income, or other threshold, or agreements that establish a 851
limited period of time after which alimony is modifiable, are 852
considered agreements that are expre ssly modifiable or eligible 853
for termination for purposes of this section once the specified 854
condition is met. 855
Section 5. Section 61.19, Florida Statutes, is amended to 856
read: 857
61.19 Entry of judgment of dissolution of marriage ;, delay 858
period; separate adjudication of issues .— 859
(1) A No final judgment of dissolution of marriage may not 860
be entered until at least 20 days have elapsed from the date of 861
filing the original petition for dissolution of marriage ,; but 862
the court, on a showing that injustice woul d result from this 863
delay, may enter a final judgment of dissolution of marriage at 864
an earlier date. 865
(2) If more than 2 years have elapsed after the date of 866
service of the original petition for dissolution of marriage, 867
absent a showing by either party tha t irreparable harm will 868
result from granting a final judgment of dissolution of 869
marriage, the court shall, upon request of either party, grant a 870
final judgment of dissolution of marriage with a reservation of 871
jurisdiction to subsequently determine all othe r substantive 872
issues. Before granting the judgment, the court shall enter 873
temporary orders necessary to protect the parties and their 874
children, if any, which orders remain effective until all other 875
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issues are adjudicated by the court. This subsection appli es to 876
all petitions for dissolution of marriage filed on or after July 877
1, 2022. 878
Section 6. The court shall apply this act to any action 879
pending on or after July 1, 2022. 880
Section 7. This act shall take effect July 1, 2022. 881