FL
Florida House Bill H1395

Florida 2022 Regular Session

Florida House Bill H1395 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to dissolution of marriage; amending 2
1616 s. 61.046, F.S.; defining the term "active gross 3
1717 income"; revising the definition of the term "income"; 4
1818 amending s. 61.08, F.S.; defining terms; requiring the 5
1919 court to make certain written findings in it s awards 6
2020 of alimony; limiting the court's ability to award a 7
2121 combination of forms of alimony to only certain 8
2222 circumstances; removing the court's ability to 9
2323 consider adultery of either spouse in determining the 10
2424 amount of an alimony award; requiring the cour t to 11
2525 make certain written findings; revising factors that 12
2626 the court must consider in determining the proper type 13
2727 and amount of alimony; removing the court's ability to 14
2828 order an obligor to purchase or maintain a life 15
2929 insurance policy or other instrument to secure an 16
3030 alimony award; authorizing a party to whom the court 17
3131 has awarded alimony to purchase or maintain a life 18
3232 insurance policy on the obligor's life to protect an 19
3333 award of alimony; requiring the obligor to cooperate 20
3434 in the process of procuring the life insurance policy; 21
3535 modifying certain rebuttable presumptions related to 22
3636 the length of a marriage for purposes of determining 23
3737 alimony; prohibiting the length of an award of 24
3838 rehabilitative alimony from exceeding a specified 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 timeframe; revising a provision au thorizing the 26
5252 modification of rehabilitative alimony upon completion 27
5353 of the rehabilitative plan to include a certain 28
5454 condition; revising provisions related to durational 29
5555 alimony; prohibiting the length of an award of 30
5656 durational alimony from exceeding speci fied 31
5757 timeframes; authorizing the court to extend durational 32
5858 alimony under certain circumstances; specifying what 33
5959 constitutes the length of a marriage for the purpose 34
6060 of determining durational alimony; requiring the court 35
6161 to make certain written findings wh en awarding 36
6262 durational alimony; providing a formula for the 37
6363 calculation of durational alimony; requiring the court 38
6464 to reduce the length of an award of durational alimony 39
6565 based on certain payments made by the obligor; 40
6666 requiring the court to consider specifi ed factors when 41
6767 determining an alimony award involving the existence 42
6868 of a supportive relationship between the obligee and 43
6969 another person; providing for the burden of proof in 44
7070 such determinations; requiring the court to make 45
7171 certain written findings in such determinations; 46
7272 providing for the termination of a durational alimony 47
7373 award upon retirement of the obligor under certain 48
7474 circumstances; providing an exception; providing that 49
7575 a party who has reached full retirement age before 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 adjudication of a petition fo r dissolution of marriage 51
8989 may not be ordered to pay alimony; providing 52
9090 exceptions; prohibiting alimony from being awarded to 53
9191 a party who has a certain monthly net income; 54
9292 prohibiting social security retirement benefits from 55
9393 being imputed to the obligor; pr oviding an exception; 56
9494 requiring an obligee to meet certain requirements if 57
9595 he or she alleges that a physical disability has 58
9696 impaired his or her ability to earn income; removing 59
9797 the court's ability to grant permanent alimony; 60
9898 providing applicability; amendi ng s. 61.13, F.S.; 61
9999 creating a presumption that equal time -sharing is in 62
100100 the best interests of a minor child; providing an 63
101-exception; creating a presumption for purposes of 64
102-modifying a parenting plan or time -sharing schedule; 65
103-amending s. 61.14, F.S.; author izing the court to 66
104-order an obligee to reimburse alimony payments to the 67
105-obligor under certain circumstances; specifying a 68
106-timeframe for the court to consider a supportive 69
107-relationship between the obligee and another person 70
108-for purposes of reducing or term inating an award of 71
109-alimony or ordering reimbursement of alimony payments; 72
110-providing for the burden of proof in such 73
111-determinations; revising factors the court may 74
112-consider when determining whether a supportive 75
101+exception; amending s. 61.14, F.S.; authorizing the 64
102+court to order an obligee to reimburse alimony 65
103+payments to the obligor under certa in circumstances; 66
104+specifying a timeframe for the court to consider a 67
105+supportive relationship between the obligee and 68
106+another person for purposes of reducing or terminating 69
107+an award of alimony or ordering reimbursement of 70
108+alimony payments; providing for the burden of proof in 71
109+such determinations; revising factors the court may 72
110+consider when determining whether a supportive 73
111+relationship exists or existed between the obligee and 74
112+another person; requiring the court to make written 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125-relationship exists or existed between the ob ligee and 76
126-another person; requiring the court to make written 77
127-findings related to such factors; providing that an 78
128-obligor's subsequent remarriage or cohabitation is not 79
129-a basis for modification of alimony; authorizing an 80
130-obligor to file a notice of retirem ent and intent to 81
131-terminate alimony within a specified timeframe before 82
132-such retirement; providing notice and response 83
133-requirements; requiring the court to make written 84
134-findings regarding specified factors when deciding 85
135-whether to reduce the amount or dura tion of alimony; 86
136-providing for the reduction and termination of alimony 87
137-within specified timeframes under certain 88
138-circumstances; authorizing the court to extend 89
139-durational alimony beyond an obligor's full retirement 90
140-age or reasonable retirement age for his or her 91
141-profession or line of work under certain 92
142-circumstances, notwithstanding its other findings; 93
143-authorizing the court to terminate an alimony 94
144-obligation if the obligor retires at a reasonable age 95
145-for his or her profession or line of work or is older 96
146-than his or her full retirement age; requiring the 97
147-court to consider certain factors in determining 98
148-whether the obligor's retirement is reasonable; 99
149-authorizing an obligor to prospectively file a 100
125+findings related to such facto rs; providing that an 76
126+obligor's subsequent remarriage or cohabitation is not 77
127+a basis for modification of alimony; authorizing an 78
128+obligor to file a notice of retirement and intent to 79
129+terminate alimony within a specified timeframe before 80
130+such retirement; pro viding notice and response 81
131+requirements; requiring the court to make written 82
132+findings regarding specified factors when deciding 83
133+whether to reduce the amount or duration of alimony; 84
134+providing for the reduction and termination of alimony 85
135+within specified tim eframes under certain 86
136+circumstances; authorizing the court to extend 87
137+durational alimony beyond an obligor's full retirement 88
138+age or reasonable retirement age for his or her 89
139+profession or line of work under certain 90
140+circumstances, notwithstanding its other fi ndings; 91
141+authorizing the court to terminate an alimony 92
142+obligation if the obligor retires at a reasonable age 93
143+for his or her profession or line of work or is older 94
144+than his or her full retirement age; requiring the 95
145+court to consider certain factors in determ ining 96
146+whether the obligor's retirement is reasonable; 97
147+authorizing an obligor to prospectively file a 98
148+petition for modification or termination of alimony 99
149+effective upon his or her retirement; requiring a 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162-petition for modification or termination of alimony 101
163-effective upon his or her retirement; requiring a 102
164-court to modify or terminate an alimony award upon 103
165-retirement of the obligor; providing an exception; 104
166-providing that certain benefits of the obligee 105
167-constitute a change in circumstances for which an 106
168-obligor may seek modification of an alimony award; 107
169-providing that certain agreements on alimony payments 108
170-are considered expressly modifiable or eligible for 109
171-termination under certain circumstances; amending s. 110
172-61.19, F.S.; requiring the court to grant, upon 111
173-request of either party, a final judgment of 112
174-dissolution of marriage and reserve jurisdiction to 113
175-adjudicate other substantive issues under certain 114
176-circumstances; requiring the court to enter temporary 115
177-orders necessary to protect the parties and their 116
178-children, if any; pro viding that such temporary orders 117
179-are effective until all other issues are adjudicated 118
180-by the court; providing applicability; providing an 119
181-effective date. 120
162+court to modify or terminate an alimony award upon 101
163+retirement of the obligor; providing an exception; 102
164+providing that certain benefits of the obligee 103
165+constitute a change in circumstances for which an 104
166+obligor may seek modification of an alimony award; 105
167+providing that certain agreements on alimony payments 106
168+are considered expressly modifiable or eligible for 107
169+termination under certain circumstances; amending s. 108
170+61.19, F.S.; requiring the court to grant, upon 109
171+request of either party, a final judgment of 110
172+dissolution of marriage and reserve jurisdiction to 111
173+adjudicate other substantive issues under certain 112
174+circumstances; requiring the court to enter temporary 113
175+orders necessary to protect the parties and their 114
176+children, if any; providing that such temporary orders 115
177+are effective until all other issues are adjudicated 116
178+by the court; providing applicability; providing an 117
179+effective date. 118
180+ 119
181+Be It Enacted by the Legislature of the State of Florida: 120
182182 121
183-Be It Enacted by the Legislature of the State of Florida: 122
184- 123
185- Section 1. Subsections (1) throug h (23) of section 61.046, 124
186-Florida Statutes, are renumbered as subsections (2) through 125
183+ Section 1. Subsections (1) through (23) of section 61.046, 122
184+Florida Statutes, are renumbered as subsections (2) through 123
185+(24), respectively, a new subsection (1) is added to that 124
186+section, and present subsection (8) of that section is amended, 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199-(24), respectively, a new subsection (1) is added to that 126
200-section, and present subsection (8) of that section is amended, 127
201-to read: 128
202- 61.046 Definitions. —As used in this chapter, the term: 129
203- (1) "Active gross income" means salary, wages, bonuses, 130
204-commissions, allowances, overtime, tips, and other similar 131
205-payments and business income from self -employment, partnerships, 132
206-close corporations, independent contracts, and other sim ilar 133
207-sources. For purposes of this subsection, the term "business 134
208-income" means gross receipts minus ordinary and necessary 135
209-expenses required to produce income and requires that such 136
210-business income be derived in a way that meets any of the 137
211-material participation tests outlined in the Internal Revenue 138
212-Service's Publication 925 (2020), Passive Activity and At -Risk 139
213-Rules. 140
214- (9)(8) "Income" means any form of payment to an 141
215-individual, regardless of source, including, but not limited 142
216-to,: wages, salary, commissi ons and bonuses, compensation as an 143
217-independent contractor, worker's compensation, disability 144
218-benefits, annuity and retirement benefits, pensions, dividends, 145
219-interest, royalties, trust distributions trusts, and any other 146
220-payments, made by any person, priva te entity, federal or state 147
221-government, or any unit of local government. United States 148
222-Department of Veterans Affairs disability benefits and 149
223-reemployment assistance or unemployment compensation, as defined 150
199+to read: 126
200+ 61.046 Definitions. —As used in this chapter, the term: 127
201+ (1) "Active gross income" means salary, wages, bonuses, 128
202+commissions, allowances, overtime, tips, and other similar 129
203+payments and business income from self -employment, partnerships, 130
204+close corporations, independent contracts, and other similar 131
205+sources. For purposes of this subsection, the term "business 132
206+income" means gross receip ts minus ordinary and necessary 133
207+expenses required to produce income and requires that such 134
208+business income be derived in a way that meets any of the 135
209+material participation tests outlined in the Internal Revenue 136
210+Service's Publication 925 (2020), Passive Act ivity and At-Risk 137
211+Rules. 138
212+ (9)(8) "Income" means any form of payment to an 139
213+individual, regardless of source, including, but not limited 140
214+to,: wages, salary, commissions and bonuses, compensation as an 141
215+independent contractor, worker's compensation, disabilit y 142
216+benefits, annuity and retirement benefits, pensions, dividends, 143
217+interest, royalties, trust distributions trusts, and any other 144
218+payments, made by any person, private entity, federal or state 145
219+government, or any unit of local government. United States 146
220+Department of Veterans Affairs disability benefits and 147
221+reemployment assistance or unemployment compensation, as defined 148
222+in chapter 443, are excluded from this definition of income 149
223+except for purposes of establishing an amount of support. 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236-in chapter 443, are excluded from this definition of income 151
237-except for purposes of establishing an amount of support. 152
238- Section 2. Section 61.08, Florida Statutes, is amended to 153
239-read: 154
240- 61.08 Alimony.— 155
241- (1) As used in this section, the term: 156
242- (a) "Alimony" means a court -ordered or voluntary payment 157
243-of support by one spouse to the other spouse. The term includes 158
244-any voluntary payment made after the date of filing an order for 159
245-maintenance, spousal support, temporary support, or separate 160
246-support when the payment is not intended for the benefit of a 161
247-child in common. 162
248- (b) "Gross income" means gross income as determined in 163
249-accordance with s. 61.30(2). 164
250- (c) "Net income" means income that is determined by 165
251-subtracting allowable deductions from gross income. For purposes 166
252-of this section, allowable deductions i nclude any of the 167
253-following: 168
254- 1. Federal, state, or local income tax deductions, 169
255-adjusted for actual filing status and allowable dependents, and 170
256-income tax liabilities. 171
257- 2. Federal insurance contributions or self -employment tax. 172
258- 3. Mandatory union dues . 173
259- 4. Mandatory retirement payments. 174
260- 5. Health insurance payments, excluding payments for 175
236+ Section 2. Section 61.08, Florida Statutes, is amended to 151
237+read: 152
238+ 61.08 Alimony.— 153
239+ (1) As used in this section, the term: 154
240+ (a) "Alimony" means a court -ordered or voluntary payment 155
241+of support by one spouse to the other spouse. The term includes 156
242+any voluntary payment made af ter the date of filing an order for 157
243+maintenance, spousal support, temporary support, or separate 158
244+support when the payment is not intended for the benefit of a 159
245+child in common. 160
246+ (b) "Gross income" means gross income as determined in 161
247+accordance with s. 61.3 0(2). 162
248+ (c) "Net income" means income that is determined by 163
249+subtracting allowable deductions from gross income. For purposes 164
250+of this section, allowable deductions include any of the 165
251+following: 166
252+ 1. Federal, state, or local income tax deductions, 167
253+adjusted for actual filing status and allowable dependents, and 168
254+income tax liabilities. 169
255+ 2. Federal insurance contributions or self -employment tax. 170
256+ 3. Mandatory union dues. 171
257+ 4. Mandatory retirement payments. 172
258+ 5. Health insurance payments, excluding payments for 173
259+coverage of a minor child. 174
260+ 6. Court-ordered support for other children which is 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273-coverage of a minor child. 176
274- 6. Court-ordered support for other children which is 177
275-actually paid. 178
276- 7. Spousal support paid pursuant to a court order from a 179
277-previous marriage. 180
278- (2)(a) In a proceeding for dissolution of marriage, the 181
279-court may grant alimony to either party in the form of, which 182
280-alimony may be bridge-the-gap, rehabilitative, or durational 183
281-alimony, or a permanent in nature or any combination of these 184
282-forms of alimony. In an any award of alimony, the court may 185
283-order periodic payments , or payments in lump sum , or both. 186
284- (b) The court shall make written findings regarding the 187
285-basis for awarding a combination of forms of alimony, including 188
286-the type of alimony and the length of time for which the alimony 189
287-is awarded. The court may award a combination of forms of 190
288-alimony only to provide greater economic assistance in order to 191
289-allow the recipient to achieve rehabilitation. 192
290- (c) The court may consider th e adultery of either spouse 193
291-and the circumstances thereof in determining the amount of 194
292-alimony, if any, to be awarded. In all dissolution actions, the 195
293-court shall include written findings of fact relative to the 196
294-factors provided enumerated in subsection (3) (2) supporting the 197
295-an award or denial of alimony. 198
296- (3)(2) In determining whether to award alimony or 199
297-maintenance, the court shall first make a specific , written 200
273+actually paid. 176
274+ 7. Spousal support paid pursuant to a court order from a 177
275+previous marriage. 178
276+ (2)(a) In a proceeding for dissolution of marriage, the 179
277+court may grant alimon y to either party in the form of, which 180
278+alimony may be bridge-the-gap, rehabilitative, or durational 181
279+alimony, or a permanent in nature or any combination of these 182
280+forms of alimony. In an any award of alimony, the court may 183
281+order periodic payments , or payments in lump sum, or both. 184
282+ (b) The court shall make written findings regarding the 185
283+basis for awarding a combination of forms of alimony, including 186
284+the type of alimony and the length of time for which the alimony 187
285+is awarded. The court may award a combinati on of forms of 188
286+alimony only to provide greater economic assistance in order to 189
287+allow the recipient to achieve rehabilitation. 190
288+ (c) The court may consider the adultery of either spouse 191
289+and the circumstances thereof in determining the amount of 192
290+alimony, if any, to be awarded. In all dissolution actions, the 193
291+court shall include written findings of fact relative to the 194
292+factors provided enumerated in subsection (3) (2) supporting the 195
293+an award or denial of alimony. 196
294+ (3)(2) In determining whether to award alimony or 197
295+maintenance, the court shall first make a specific , written 198
296+factual determination as to whether the either party seeking 199
297+alimony or maintenance has an actual need for it alimony or 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310-factual determination as to whether the either party seeking 201
311-alimony or maintenance has an actual need for it alimony or 202
312-maintenance and whether the other either party has the ability 203
313-to pay alimony or maintenance. If the court finds that the a 204
314-party seeking alimony or maintenance has a need for it alimony 205
315-or maintenance and that the other party has the ability to pay 206
316-alimony or maintenance, then in determining the proper type and 207
317-amount of alimony or maintenance under subsections (5)-(9) (5)-208
318-(8), the court must shall consider all relevant factors, 209
319-including, but not limited to: 210
320- (a) The standard of living established during the 211
321-marriage, including the needs and necessities of life for each 212
322-party after the dissolution of marriage, taking into 213
323-consideration the presumption that both parties will have a 214
324-lower standard of living after the di ssolution of marriage than 215
325-their standard of living during the marriage. This presumption 216
326-may be overcome by a preponderance of the evidence . 217
327- (b) The duration of the marriage. 218
328- (c) The age and the physical and emotional condition of 219
329-each party. 220
330- (d) The financial resources of each party, including the 221
331-nonmarital and the marital assets and liabilities distributed to 222
332-each. 223
333- (e) The earning capacities, educational levels, vocational 224
334-skills, and employability of the parties and, when applicable, 225
310+maintenance and whether the other either party has the ability 201
311+to pay alimony or maintenance. If the court finds that the a 202
312+party seeking alimony or maintenance has a need for it alimony 203
313+or maintenance and that the other party has the ability to pay 204
314+alimony or maintenance, then in dete rmining the proper type and 205
315+amount of alimony or maintenance under subsections (5)-(9) (5)-206
316+(8), the court must shall consider all relevant factors, 207
317+including, but not limited to: 208
318+ (a) The standard of living established during the 209
319+marriage, including the needs and necessities of life for each 210
320+party after the dissolution of marriage, taking into 211
321+consideration the presumption that both parties will have a 212
322+lower standard of living after the dissolution of marriage than 213
323+their standard of living during the marri age. This presumption 214
324+may be overcome by a preponderance of the evidence . 215
325+ (b) The duration of the marriage. 216
326+ (c) The age and the physical and emotional condition of 217
327+each party. 218
328+ (d) The financial resources of each party, including the 219
329+nonmarital and the marital assets and liabilities distributed to 220
330+each. 221
331+ (e) The earning capacities, educational levels, vocational 222
332+skills, and employability of the parties and, when applicable, 223
333+the time necessary for either party to acquire sufficient 224
334+education or trainin g to enable such party to find appropriate 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347-the time necessary for either party to acquire sufficient 226
348-education or training to enable such party to find appropriate 227
349-employment. 228
350- (f) The contribution of each party to the marriage, 229
351-including, but not limited to, services rendered in homemaking, 230
352-child care, education, and career building of either the other 231
353-party. 232
354- (g) The responsibilities each party will have with regard 233
355-to any minor children whom the parties they have in common. 234
356- (h) The tax treatment and consequences to both parties of 235
357-an any alimony award, including the designation of all or a 236
358-portion of the payment as a nontaxable, nondeductible payment . 237
359- (i) All sources of income available to either party, 238
360-including income available to either party through investments 239
361-of any asset held by that party. 240
362- (j) Any other factor necessary for to do equity and 241
363-justice between the parties , if such factor is specifically 242
364-identified in the award with findings of fact justifying the 243
365-application of such factor . 244
366- (4)(3) To the extent necessary to protect an award of 245
367-alimony, the obligee may court may order any party who is 246
368-ordered to pay alimony to purchase or maintain a life insurance 247
369-policy on the obligor's life in an amount adequate to or a bond, 248
370-or to otherwise secure such alimony award . If the obligee 249
371-purchases a life insurance policy, the obligor must cooperate in 250
347+employment. 226
348+ (f) The contribution of each party to the marriage, 227
349+including, but not limited to, services rendered in homemaking, 228
350+child care, education, and career building of either the other 229
351+party. 230
352+ (g) The responsibilities each party will have with regard 231
353+to any minor children whom the parties they have in common. 232
354+ (h) The tax treatment and consequences to both parties of 233
355+an any alimony award, including the designation of all or a 234
356+portion of the payment as a n ontaxable, nondeductible payment . 235
357+ (i) All sources of income available to either party, 236
358+including income available to either party through investments 237
359+of any asset held by that party. 238
360+ (j) Any other factor necessary for to do equity and 239
361+justice between the parties, if such factor is specifically 240
362+identified in the award with findings of fact justifying the 241
363+application of such factor . 242
364+ (4)(3) To the extent necessary to protect an award of 243
365+alimony, the obligee may court may order any party who is 244
366+ordered to pay alimony to purchase or maintain a life insurance 245
367+policy on the obligor's life in an amount adequate to or a bond, 246
368+or to otherwise secure such alimony award . If the obligee 247
369+purchases a life insurance policy, the obligor must cooperate in 248
370+the process of procuring the issuance and underwriting of the 249
371+life insurance policy with any other assets which may be 250
372372
373-CS/CS/HB 1395 2022
373+CS/HB 1395 2022
374374
375375
376376
377377 CODING: Words stricken are deletions; words underlined are additions.
378-hb1395-02-c2
379-Page 11 of 36
378+hb1395-01-c1
379+Page 11 of 32
380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
381381
382382
383383
384-the process of procuring the issuance and underwriting of the 251
385-life insurance policy with any other assets which may be 252
386-suitable for that purpose . 253
387- (5)(4) For purposes of determining alimony, there is a 254
388-rebuttable presumption that a short -term marriage is a marriage 255
389-having a duration of fewer less than 10 7 years, a moderate-term 256
390-marriage is a marriage having a duration between 10 and 20 of 257
391-greater than 7 years but less than 17 years, and a long-term 258
392-marriage is a marriage having a duration of 20 17 years or 259
393-longer greater. The length of a marriage is the period of time 260
394-from the date of marriage until the date of filing of an action 261
395-for dissolution of marriage. 262
396- (6)(5) Bridge-the-gap alimony may be awarded to assist a 263
397-party by providing support to allow the party to make a 264
398-transition from being married to being single. Bridge -the-gap 265
399-alimony is designed to assist a party with legitimate 266
400-identifiable short-term needs, and the length of an award of 267
401-bridge-the-gap alimony may not exceed 2 years. An award of 268
402-bridge-the-gap alimony terminates upon the death of either party 269
403-or upon the remarriage of the party receiving alimony. An award 270
404-of bridge-the-gap alimony is shall not be modifiable in amount 271
405-or duration. 272
406- (7)(a)(6)(a) Rehabilitative alimony may be awarded to 273
407-assist a party in establishing the capacity for self -support 274
408-through either: 275
384+suitable for that purpose . 251
385+ (5)(4) For purposes of determining alimony, there is a 252
386+rebuttable presumption that a short -term marriage is a marriage 253
387+having a duration of fewer less than 10 7 years, a moderate-term 254
388+marriage is a marriage having a duration between 10 and 20 of 255
389+greater than 7 years but less than 17 years, and a long-term 256
390+marriage is a marriage having a duration of 20 17 years or 257
391+longer greater. The length of a marriage is the period of time 258
392+from the date of marriage until the date of filing of an action 259
393+for dissolution of marriage. 260
394+ (6)(5) Bridge-the-gap alimony may be awarded to assist a 261
395+party by providing support to allow the party to make a 262
396+transition from being married to being single. Bridge -the-gap 263
397+alimony is designed to assist a party with legitimate 264
398+identifiable short-term needs, and the length of an award of 265
399+bridge-the-gap alimony may not exceed 2 years. An award of 266
400+bridge-the-gap alimony terminates upon the death of either party 267
401+or upon the remarriage of the party receiving alimony. An award 268
402+of bridge-the-gap alimony is shall not be modifiable in amount 269
403+or duration. 270
404+ (7)(a)(6)(a) Rehabilitative alimony may be awarded to 271
405+assist a party in establishing the capacity for self -support 272
406+through either: 273
407+ 1. The redevelopment of previous skills or credentials; or 274
408+ 2. The acquisition of education, training, or work 275
409409
410-CS/CS/HB 1395 2022
410+CS/HB 1395 2022
411411
412412
413413
414414 CODING: Words stricken are deletions; words underlined are additions.
415-hb1395-02-c2
416-Page 12 of 36
415+hb1395-01-c1
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
418418
419419
420420
421- 1. The redevelopment of previous skills or credentials; or 276
422- 2. The acquisition of e ducation, training, or work 277
423-experience necessary to develop appropriate employment skills or 278
424-credentials. 279
425- (b) In order to award rehabilitative alimony, there must 280
426-be a specific and defined rehabilitative plan which shall be 281
427-included as a part of any orde r awarding rehabilitative alimony. 282
428- (c) The length of an award of rehabilitative alimony may 283
429-not exceed 5 years. 284
430- (d) An award of rehabilitative alimony may be modified or 285
431-terminated in accordance with s. 61.14 based upon a substantial 286
432-change in circumstances, upon noncompliance with the 287
433-rehabilitative plan, or upon completion of the rehabilitative 288
434-plan if the plan is completed before the length of the award of 289
435-rehabilitative alimony expires . 290
436- (8)(a)(7) Durational alimony may be awarded when permanent 291
437-periodic alimony is inappropriate. The purpose of durational 292
438-alimony is to provide a party with economic assistance for a set 293
439-period of time following a marriage of short or moderate 294
440-duration or following a marriage of long duration if there is no 295
441-ongoing need for support on a permanent basis . An award of 296
442-durational alimony terminates upon the death of either party or 297
443-upon the remarriage of the party receiving alimony. The amount 298
444-of an award of durational alimony may be modified or terminated 299
445-based upon a substantial change in circumstances in accordance 300
421+experience necessary to develop appropriate employment skills or 276
422+credentials. 277
423+ (b) In order to award rehabilitative alimony, there must 278
424+be a specific and defined rehabilitative plan which shall be 279
425+included as a part of any order awarding rehabilitative alimony. 280
426+ (c) The length of an award of rehabilitative alimony may 281
427+not exceed 5 years. 282
428+ (d) An award of rehabilitative alimony may be modified or 283
429+terminated in accordance with s. 61.14 based upon a substantial 284
430+change in circumstances, upon noncompliance with the 285
431+rehabilitative plan, or upon completion of the rehabilitative 286
432+plan if the plan is completed before the length of the award of 287
433+rehabilitative alimony expires . 288
434+ (8)(a)(7) Durational alimony may be awarded when permanent 289
435+periodic alimony is inappropriate. The purpose of durational 290
436+alimony is to provide a party with econom ic assistance for a set 291
437+period of time following a marriage of short or moderate 292
438+duration or following a marriage of long duration if there is no 293
439+ongoing need for support on a permanent basis . An award of 294
440+durational alimony terminates upon the death of eit her party or 295
441+upon the remarriage of the party receiving alimony. The amount 296
442+of an award of durational alimony may be modified or terminated 297
443+based upon a substantial change in circumstances in accordance 298
444+with s. 61.14. Durational alimony may not be awarded following a 299
445+marriage lasting fewer than 3 years. However, The length of an 300
446446
447-CS/CS/HB 1395 2022
447+CS/HB 1395 2022
448448
449449
450450
451451 CODING: Words stricken are deletions; words underlined are additions.
452-hb1395-02-c2
453-Page 13 of 36
452+hb1395-01-c1
453+Page 13 of 32
454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
455455
456456
457457
458-with s. 61.14. Durational alimony may not be awarded following a 301
459-marriage lasting fewer than 3 years. However, The length of an 302
460-award of durational alimony may not be modified except under 303
461-exceptional circumst ances and may not exceed 50 percent of the 304
462-length of a the marriage lasting between 3 and 10 years, 60 305
463-percent of the length of a marriage lasting between 10 and 20 306
464-years, or 75 percent of the length of a marriage lasting 20 307
465-years or longer. However, if th e party seeking alimony is either 308
466-permanently mentally or physically disabled and unable to 309
467-provide for his or her own support, either partially or fully, 310
468-or is the full-time in-home caregiver to a fully and permanently 311
469-mentally or physically disabled chil d who is common to the 312
470-parties, the court may extend durational alimony beyond the 313
471-thresholds established in this paragraph based on the duration 314
472-of the marriage until the death of the child or until the court 315
473-determines that there is no longer a need for durational 316
474-alimony. For purposes of this subsection, the length of a 317
475-marriage is the period of time beginning on the date of marriage 318
476-and ending on the date an action for dissolution of marriage is 319
477-filed. When awarding durational alimony, the court must ma ke 320
478-written findings of fact that an award of another type of 321
479-alimony, or a combination of the other forms of alimony, is not 322
480-appropriate. 323
481- (b) The amount of durational alimony is the amount 324
482-determined to be the obligee's reasonable need or an amount not 325
458+award of durational alimony may not be modified except under 301
459+exceptional circumstances and may not exceed 50 percent of the 302
460+length of a the marriage lasting between 3 and 10 years, 60 303
461+percent of the length of a marriage lasting between 10 and 20 304
462+years, or 75 percent of the length of a marriage lasting 20 305
463+years or longer. However, if the party seeking alimony is either 306
464+permanently mentally or physically disabled and unable to 307
465+provide for his or her own support, either partially or fully, 308
466+or is the full-time in-home caregiver to a fully and permanently 309
467+mentally or physically disabled child who is common to the 310
468+parties, the court may extend durational alimony beyond the 311
469+thresholds established in this paragraph based on the duration 312
470+of the marriage until the death of the child or until the court 313
471+determines that there is no longer a need for durational 314
472+alimony. For purposes of this subsection, the length of a 315
473+marriage is the period of time beginning on the date of marriage 316
474+and ending on the date an action for dissolution of marriage is 317
475+filed. When awarding durational alimony, the court must make 318
476+written findings of fact that an award of another type of 319
477+alimony, or a combination of the other forms of alimony, is not 320
478+appropriate. 321
479+ (b) The amount of durational alimony is the amount 322
480+determined to be the obligee's reasonable need or an amount not 323
481+to exceed 35 percent of the difference between the parties' net 324
482+incomes, whichever amount is less. 325
483483
484-CS/CS/HB 1395 2022
484+CS/HB 1395 2022
485485
486486
487487
488488 CODING: Words stricken are deletions; words underlined are additions.
489-hb1395-02-c2
490-Page 14 of 36
489+hb1395-01-c1
490+Page 14 of 32
491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
492492
493493
494494
495-to exceed 35 percent of the difference between the parties' net 326
496-incomes, whichever amount is less. 327
497- (c) In determining the length of an award of durational 328
498-alimony, the court shall reduce the length of an award of 329
499-durational alimony for the length of time during which the 330
500-obligor made temporary support payments to the obligee, either 331
501-voluntarily or pursuant to a court order, after the date of 332
502-filing a petition for dissolution of marriage. 333
503- (d) In determining the extent to which alimony should be 334
504-granted because a supportive relationship exists or has existed 335
505-between the party seeking alimony and another person who is not 336
506-related by consanguinity or affinity at any time since 180 days 337
507-before filing the petition for dissolution of marriage, the 338
508-court shall consider all relevant factors presented concerning 339
509-the nature and extent of the supportive relationship in 340
510-question. The burden is on the obligor to prove by a 341
511-preponderance of the evidence that a supportive relationship 342
512-exists. If a supportive relationship is proven to exist, the 343
513-burden shifts to the obligee to disprove by a preponderance of 344
514-the evidence that the court should deny or reduce the initial 345
515-award of alimony. The court must make written findings of fact 346
516-concerning the circumstances of the supporti ve relationship, 347
517-including, but not limited to, the factors set forth in s. 348
518-61.14(1)(b)2. 349
519- (e) If an obligor reaches full retirement age as 350
495+ (c) In determining the length of an award of durational 326
496+alimony, the court shall reduce the length of an award of 327
497+durational alimony for the length of time during which the 328
498+obligor made temporary support payments to the obligee, either 329
499+voluntarily or pursuant to a court order, after the date of 330
500+filing a petition for dissolution of marriage. 331
501+ (d) In determining the extent to which alimony should be 332
502+granted because a supportive relationship exists or has existed 333
503+between the party seeking alimony and another person who is not 334
504+related by consanguinity or affinity at any time since 180 days 335
505+before filing the petition for dissolution of marriage, the 336
506+court shall consider all relevant factors presented concerning 337
507+the nature and extent of the supportive relationsh ip in 338
508+question. The burden is on the obligor to prove by a 339
509+preponderance of the evidence that a supportive relationship 340
510+exists. If a supportive relationship is proven to exist, the 341
511+burden shifts to the obligee to disprove by a preponderance of 342
512+the evidence that the court should deny or reduce the initial 343
513+award of alimony. The court must make written findings of fact 344
514+concerning the circumstances of the supportive relationship, 345
515+including, but not limited to, the factors set forth in s. 346
516+61.14(1)(b)2. 347
517+ (e) If an obligor reaches full retirement age as 348
518+determined by the Social Security Administration or the 349
519+customary retirement age for his or her profession before the 350
520520
521-CS/CS/HB 1395 2022
521+CS/HB 1395 2022
522522
523523
524524
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526-hb1395-02-c2
527-Page 15 of 36
526+hb1395-01-c1
527+Page 15 of 32
528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
529529
530530
531531
532-determined by the Social Security Administration or the 351
533-customary retirement age for his or her profession before t he 352
534-end of the durational period indicated by paragraph (a), the 353
535-durational alimony shall end on the date the obligor retires if 354
536-all of the following conditions are met: 355
537- 1. The obligor files a notice of retirement and intent to 356
538-terminate alimony with the court and personally serves the 357
539-alimony recipient or his or her last known attorney of record at 358
540-least 1 year before the date on which the obligor's retirement 359
541-is intended to become effective. 360
542- 2. The obligee has not contested the notice of retirement 361
543-and intent to terminate alimony according to the factors 362
544-specified in s. 61.14(12)(b) or the court has determined that 363
545-such factors do not apply. If the court makes any of the 364
546-findings specified in s. 61.14(12)(b), the court must consider 365
547-and make written fin dings regarding the factors listed in s. 366
548-61.14(12)(c) to determine whether to extend the length of the 367
549-alimony award as set forth in s. 61.08(8)(a). 368
550- 369
551-However, if the obligor continues to work beyond his or her 370
552-retirement age as provided under this paragrap h and earns active 371
553-gross income of more than 50 percent of the obligor's average 372
554-preretirement annual active gross income for the 3 years 373
555-preceding his or her retirement age, the court may extend 374
556-alimony until the durational limitations established in this 375
532+end of the durational period indicated by paragraph (a), the 351
533+durational alimony shall end on the date the obligor retires if 352
534+all of the following conditions are met: 353
535+ 1. The obligor files a notice of retirement and intent to 354
536+terminate alimony with the court and personally serves the 355
537+alimony recipient or his or her last known attorney of record at 356
538+least 1 year before the date on which the obligor's retirement 357
539+is intended to become effective. 358
540+ 2. The obligee has not contested the notice of retirement 359
541+and intent to terminate alimony according to the factors 360
542+specified in s. 61.14(12)(b) or the court has determined that 361
543+such factors do not apply. If the court makes any of the 362
544+findings specified in s. 61.14(12)(b), the court must consider 363
545+and make written findings regarding the factors listed in s. 364
546+61.14(12)(c) to determine whether to extend the length of the 365
547+alimony award as set forth in s. 61.08(8)(a). 366
548+ 367
549+However, if the obligor continues to work beyond his or her 368
550+retirement age as provided under this paragraph and earns active 369
551+gross income of more than 50 percent of the obligor's average 370
552+preretirement annual active gross income for the 3 years 371
553+preceding his or her retirement age, the court may extend 372
554+alimony until the durational limitations established in this 373
555+subsection have been satisfied or the obligor retires and 374
556+reduces his or her active gross income b elow the 50 percent 375
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558-CS/CS/HB 1395 2022
558+CS/HB 1395 2022
559559
560560
561561
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563-hb1395-02-c2
564-Page 16 of 36
563+hb1395-01-c1
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565565 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566566
567567
568568
569-subsection have been satisfied or the obligor retires and 376
570-reduces his or her active gross income below the 50 percent 377
571-threshold established in this paragraph. 378
572- (9) A party against whom alimony is sought who has 379
573-attained his or her full retirement age as determined by the 380
574-Social Security Administration before the adjudication of the 381
575-petition for dissolution of marriage may not be ordered to pay 382
576-bridge-the-gap, rehabilitative, or durational alimony, unless 383
577-the court determines that: 384
578- (a) The party seeking alimony has not reached the age to 385
579-qualify for any social security retirement benefits; and 386
580- (b)1. As a result of the dissolution of marriage, the 387
581-party seeking alimony would have an income less than 130 percent 388
582-of the federal poverty guidelines for a one -person household, as 389
583-published by the United States Department of Health and Human 390
584-Services, based on the income and investable assets available 391
585-after the dissolution of marriage is final, including any 392
586-retirement assets from which the obligee can access income 393
587-without incurring early withdrawal penalties; or 394
588- 2. The party seeking alimony is the full -time in-home 395
589-caregiver to a fully and permanently mentally or physically 396
590-disabled child who is common to the parties, or the party is 397
591-permanently mentally or physically disabled and unable to 398
592-provide for his or her own support, either partially or fully. 399
593- (10) Notwithstanding any other law, alimony may not be 400
569+threshold established in this paragraph. 376
570+ (9) A party against whom alimony is sought who has 377
571+attained his or her full retirement age as determined by the 378
572+Social Security Administration before the adjudication of the 379
573+petition for dissolution of marriage may not be ordered to pay 380
574+bridge-the-gap, rehabilitative, or durational alimony, unless 381
575+the court determines that: 382
576+ (a) The party seeking alimony has not reached the age to 383
577+qualify for any social security retirement benefits; and 384
578+ (b)1. As a result of the dissolution of marriage, the 385
579+party seeking alimony would have an income less than 130 percent 386
580+of the federal poverty guidelines for a one -person household, as 387
581+published by the United States Department of Health and Human 388
582+Services, based on the income and investable assets available 389
583+after the dissolution of marriage is final, including any 390
584+retirement assets from which the obligee can access income 391
585+without incurring early withdrawal penalties; or 392
586+ 2. The party seeking alimony is the full -time in-home 393
587+caregiver to a fully and permanently mentally or physically 394
588+disabled child who is common to the parties, or the party is 395
589+permanently mentally or physically disabled and unable to 396
590+provide for his or her own support, either partially or fully. 397
591+ (10) Notwithstanding any other law, alimony may not be 398
592+awarded to a party who has a monthly net income that is equal to 399
593+or more than the other party's monthly net income. 400
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595+CS/HB 1395 2022
596596
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600-hb1395-02-c2
601-Page 17 of 36
600+hb1395-01-c1
601+Page 17 of 32
602602 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603603
604604
605605
606-awarded to a party who has a monthly net income that is equal to 401
607-or more than the other party's month ly net income. 402
608- (11) Social security retirement benefits may not be 403
609-imputed to the obligor as demonstrated by a social security 404
610-retirement benefits entitlement letter unless those benefits are 405
611-actually being paid. 406
612- (12) If the obligee alleges that a phys ical disability has 407
613-impaired his or her capability to earn income, the obligee must 408
614-have qualified for benefits under the Social Security 409
615-Administration Disability Insurance program or, in the event the 410
616-obligee is not eligible for the program, must demonst rate that 411
617-his or her disability meets the disability qualification 412
618-standards of the Social Security Administration Disability 413
619-Insurance program. 414
620- (8) Permanent alimony may be awarded to provide for the 415
621-needs and necessities of life as they were establishe d during 416
622-the marriage of the parties for a party who lacks the financial 417
623-ability to meet his or her needs and necessities of life 418
624-following a dissolution of marriage. Permanent alimony may be 419
625-awarded following a marriage of long duration if such an award 420
626-is appropriate upon consideration of the factors set forth in 421
627-subsection (2), following a marriage of moderate duration if 422
628-such an award is appropriate based upon clear and convincing 423
629-evidence after consideration of the factors set forth in 424
630-subsection (2), or following a marriage of short duration if 425
606+ (11) Social security retirement benefits may not be 401
607+imputed to the obligor as demo nstrated by a social security 402
608+retirement benefits entitlement letter unless those benefits are 403
609+actually being paid. 404
610+ (12) If the obligee alleges that a physical disability has 405
611+impaired his or her capability to earn income, the obligee must 406
612+have qualified for benefits under the Social Security 407
613+Administration Disability Insurance program or, in the event the 408
614+obligee is not eligible for the program, must demonstrate that 409
615+his or her disability meets the disability qualification 410
616+standards of the Social Security Administration Disability 411
617+Insurance program. 412
618+ (8) Permanent alimony may be awarded to provide for the 413
619+needs and necessities of life as they were established during 414
620+the marriage of the parties for a party who lacks the financial 415
621+ability to meet his or her needs and necessities of life 416
622+following a dissolution of marriage. Permanent alimony may be 417
623+awarded following a marriage of long duration if such an award 418
624+is appropriate upon consideration of the factors set forth in 419
625+subsection (2), following a marriage o f moderate duration if 420
626+such an award is appropriate based upon clear and convincing 421
627+evidence after consideration of the factors set forth in 422
628+subsection (2), or following a marriage of short duration if 423
629+there are written findings of exceptional circumstance s. In 424
630+awarding permanent alimony, the court shall include a finding 425
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632+CS/HB 1395 2022
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637-hb1395-02-c2
638-Page 18 of 36
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639639 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640640
641641
642642
643-there are written findings of exceptional circumstances. In 426
644-awarding permanent alimony, the court shall include a finding 427
645-that no other form of alimony is fair and reasonable under the 428
646-circumstances of the parti es. An award of permanent alimony 429
647-terminates upon the death of either party or upon the remarriage 430
648-of the party receiving alimony. An award may be modified or 431
649-terminated based upon a substantial change in circumstances or 432
650-upon the existence of a supportive relationship in accordance 433
651-with s. 61.14. 434
652- (9) The award of alimony may not leave the payor with 435
653-significantly less net income than the net income of the 436
654-recipient unless there are written findings of exceptional 437
655-circumstances. 438
656- (13)(a)(10)(a) With respect to any order requiring the 439
657-payment of alimony entered on or after January 1, 1985, unless 440
658-the provisions of paragraph (c) or paragraph (d) applies apply, 441
659-the court shall direct in the order that the payments of alimony 442
660-be made through the appropriate d epository as provided in s. 443
661-61.181. 444
662- (b) With respect to any order requiring the payment of 445
663-alimony entered before January 1, 1985, upon the subsequent 446
664-appearance, on or after that date , of one or both parties before 447
665-the court having jurisdiction for the purpose of modifying or 448
666-enforcing the order or in any other proceeding related to the 449
667-order, or upon the application of either party, unless the 450
643+that no other form of alimony is fair and reasonable under the 426
644+circumstances of the parties. An award of permanent alimony 427
645+terminates upon the death of either party or upon the remarriage 428
646+of the party receiving alimony. An award may be modified or 429
647+terminated based upon a substantial change in circumstances or 430
648+upon the existence of a supportive relationship in accordance 431
649+with s. 61.14. 432
650+ (9) The award of alimony may not leave the payor with 433
651+significantly less net income than the net income of the 434
652+recipient unless there are written findings of exceptional 435
653+circumstances. 436
654+ (13)(a)(10)(a) With respect to any order requiring the 437
655+payment of alimony entered on or after January 1, 1985, unless 438
656+the provisions of paragraph (c) or paragraph (d) applies apply, 439
657+the court shall direct in the order that the payments of alimony 440
658+be made through the appropriate depository as provided in s. 441
659+61.181. 442
660+ (b) With respect to any order requiring the payment of 443
661+alimony entered before January 1, 1985, upon the subsequent 444
662+appearance, on or after that date , of one or both parties before 445
663+the court having jurisdiction for the purpose of modifying or 446
664+enforcing the order or in any other proceeding related to the 447
665+order, or upon the application of either party, unless the 448
666+provisions of paragraph (c) or paragraph (d) applies apply, the 449
667+court shall modify the terms of the order as necessary to direct 450
668668
669-CS/CS/HB 1395 2022
669+CS/HB 1395 2022
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674-hb1395-02-c2
675-Page 19 of 36
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675+Page 19 of 32
676676 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677677
678678
679679
680-provisions of paragraph (c) or paragraph ( d) applies apply, the 451
681-court shall modify the terms of the order as necessary to direct 452
682-that payments of alimony be made through the appropriate 453
683-depository as provided in s. 61.181. 454
684- (c) If there is no minor child, alimony payments need not 455
685-be directed through the depository. 456
686- (d)1. If there is a minor child of the parties and both 457
687-parties so request, the court may order that alimony payments 458
688-need not be directed through the depository. In this case, the 459
689-order of support must shall provide, or be deemed to provide, 460
690-that either party may subsequently apply to the depository to 461
691-require that payments be made through the depository. The court 462
692-shall provide a copy of the order to the depository. 463
693- 2. If the provisions of subparagraph 1. applies apply, 464
694-either party may subsequently file with the depository an 465
695-affidavit alleging default or arrearages in payment and stating 466
696-that the party wishes to initiate participation in the 467
697-depository program. The party shall provide copies of the 468
698-affidavit to the court and the other party or parties. Fifteen 469
699-days after receipt of the affidavit, the depository shall notify 470
700-all parties that future payments shall be directed to the 471
701-depository. 472
702- 3. In IV-D cases, the IV-D agency has shall have the same 473
703-rights as the obligee in requ esting that payments be made 474
704-through the depository. 475
680+that payments of alimony be made through the appropriate 451
681+depository as provided in s. 61.181. 452
682+ (c) If there is no minor child, alimony payments need not 453
683+be directed through the depository. 454
684+ (d)1. If there is a minor child of the parties and both 455
685+parties so request, the court may order that alimony payments 456
686+need not be directed through the depository. In this case, the 457
687+order of support must shall provide, or be deemed to provide, 458
688+that either party may subsequently apply to the depository to 459
689+require that payments be made through the depository. The court 460
690+shall provide a copy of t he order to the depository. 461
691+ 2. If the provisions of subparagraph 1. applies apply, 462
692+either party may subsequently file with the depository an 463
693+affidavit alleging default or arrearages in payment and stating 464
694+that the party wishes to initiate participation i n the 465
695+depository program. The party shall provide copies of the 466
696+affidavit to the court and the other party or parties. Fifteen 467
697+days after receipt of the affidavit, the depository shall notify 468
698+all parties that future payments shall be directed to the 469
699+depository. 470
700+ 3. In IV-D cases, the IV-D agency has shall have the same 471
701+rights as the obligee in requesting that payments be made 472
702+through the depository. 473
703+ (14) The court shall apply this section to all petitions 474
704+for dissolution of marriage which have not been a djudicated 475
705705
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706+CS/HB 1395 2022
707707
708708
709709
710710 CODING: Words stricken are deletions; words underlined are additions.
711-hb1395-02-c2
712-Page 20 of 36
711+hb1395-01-c1
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713713 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714714
715715
716716
717- (14) The court shall apply this section to all petitions 476
718-for dissolution of marriage which have not been adjudicated 477
719-before July 1, 2022, and to any petitions for dissolution of 478
720-marriage filed on or af ter July 1, 2022. 479
721- Section 3. Paragraph (c) of subsection (2) and subsection 480
722-(3) of section 61.13, Florida Statutes, are amended to read: 481
723- 61.13 Support of children; parenting and time -sharing; 482
724-powers of court.— 483
725- (2) 484
726- (c) The court shall determine all matters relating to 485
727-parenting and time-sharing of each minor child of the parties in 486
728-accordance with the best interests of the child and in 487
729-accordance with the Uniform Child Custody Jurisdiction and 488
730-Enforcement Act, except that modification of a parenting plan 489
731-and time-sharing schedule requires a showing of a substantial, 490
732-material, and unanticipated change of circumstances. 491
733- 1. It is the public policy of this state that each minor 492
734-child has frequent and continuing contact with both parents 493
735-after the parents separate or the marriage of the parties is 494
736-dissolved and to encourage parents to share the rights and 495
737-responsibilities, and joys, of childrearing. Unless otherwise 496
738-provided in this section or agreed to by the parties, there is a 497
739-presumption that equal t ime-sharing of a minor child is in the 498
740-best interests of the minor child who is common to the parties 499
741-Except as otherwise provided in this paragraph, there is no 500
717+before July 1, 2022, and to any petitions for dissolution of 476
718+marriage filed on or after July 1, 2022. 477
719+ Section 3. Paragraph (c) of subsection (2) of section 478
720+61.13, Florida Statutes, is amended to read: 479
721+ 61.13 Support of children; parenting a nd time-sharing; 480
722+powers of court.— 481
723+ (2) 482
724+ (c) The court shall determine all matters relating to 483
725+parenting and time-sharing of each minor child of the parties in 484
726+accordance with the best interests of the child and in 485
727+accordance with the Uniform Child Custod y Jurisdiction and 486
728+Enforcement Act, except that modification of a parenting plan 487
729+and time-sharing schedule requires a showing of a substantial, 488
730+material, and unanticipated change of circumstances. 489
731+ 1. It is the public policy of this state that each minor 490
732+child has frequent and continuing contact with both parents 491
733+after the parents separate or the marriage of the parties is 492
734+dissolved and to encourage parents to share the rights and 493
735+responsibilities, and joys, of childrearing. Unless otherwise 494
736+provided in this section or agreed to by the parties, there is a 495
737+presumption that equal time -sharing of a minor child is in the 496
738+best interests of the minor child who is common to the parties 497
739+Except as otherwise provided in this paragraph, there is no 498
740+presumption for or against the father or mother of the child or 499
741+for or against any specific time -sharing schedule when creating 500
742742
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743+CS/HB 1395 2022
744744
745745
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748-hb1395-02-c2
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750750 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751751
752752
753753
754-presumption for or against the father or mother of the child or 501
755-for or against any specific ti me-sharing schedule when creating 502
756-or modifying the parenting plan of the child. 503
757- 2. The court shall order that the parental responsibility 504
758-for a minor child be shared by both parents unless the court 505
759-finds that shared parental responsibility would be detr imental 506
760-to the child. The following evidence creates a rebuttable 507
761-presumption of detriment to the child: 508
762- a. A parent has been convicted of a misdemeanor of the 509
763-first degree or higher involving domestic violence, as defined 510
764-in s. 741.28 and chapter 775; 511
765- b. A parent meets the criteria of s. 39.806(1)(d); or 512
766- c. A parent has been convicted of or had adjudication 513
767-withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 514
768-at the time of the offense: 515
769- (I) The parent was 18 years of age or older. 516
770- (II) The victim was under 18 years of age or the parent 517
771-believed the victim to be under 18 years of age. 518
772- 519
773-If the presumption is not rebutted after the convicted parent is 520
774-advised by the court that the presumption exists, shared 521
775-parental responsibility, includ ing time-sharing with the child, 522
776-and decisions made regarding the child, may not be granted to 523
777-the convicted parent. However, the convicted parent is not 524
778-relieved of any obligation to provide financial support. If the 525
754+or modifying the parenting plan of the child. 501
755+ 2. The court shall order that the parental responsibility 502
756+for a minor child be shared by both parents unless the court 503
757+finds that shared parental responsibility would be detrimental 504
758+to the child. The following evidence creates a rebuttable 505
759+presumption of detriment to the child: 506
760+ a. A parent has been convicted of a misdemeanor of the 507
761+first degree or higher involving domestic violence, as defined 508
762+in s. 741.28 and chapter 775; 509
763+ b. A parent meets the criteria of s. 39.806(1)(d); or 510
764+ c. A parent has been convicted of or had adjudication 511
765+withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 512
766+at the time of the offense: 513
767+ (I) The parent was 18 years of age or older. 514
768+ (II) The victim was under 18 years of age or the parent 515
769+believed the victim to be under 18 years of age. 516
770+ 517
771+If the presumption is not rebutted after the convicted parent is 518
772+advised by the court that the presumption exists, shared 519
773+parental responsibility, including time -sharing with the child, 520
774+and decisions made regarding the child, may not be granted to 521
775+the convicted parent. However, the convicted parent is not 522
776+relieved of any obliga tion to provide financial support. If the 523
777+court determines that shared parental responsibility would be 524
778+detrimental to the child, it may order sole parental 525
779779
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787787 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788788
789789
790790
791-court determines that shared parental responsibility would be 526
792-detrimental to the child, it may order sole parental 527
793-responsibility and make such arrangements for time -sharing as 528
794-specified in the parenting plan as will best protect the child 529
795-or abused spouse from further harm. Whether or not the re is a 530
796-conviction of any offense of domestic violence or child abuse or 531
797-the existence of an injunction for protection against domestic 532
798-violence, the court shall consider evidence of domestic violence 533
799-or child abuse as evidence of detriment to the child. 534
800- 3. In ordering shared parental responsibility, the court 535
801-may consider the expressed desires of the parents and may grant 536
802-to one party the ultimate responsibility over specific aspects 537
803-of the child's welfare or may divide those responsibilities 538
804-between the parties based on the best interests of the child. 539
805-Areas of responsibility may include education, health care, and 540
806-any other responsibilities that the court finds unique to a 541
807-particular family. 542
808- 4. The court shall order sole parental responsibility for 543
809-a minor child to one parent, with or without time -sharing with 544
810-the other parent if it is in the best interests of the minor 545
811-child. 546
812- 5. There is a rebuttable presumption against granting 547
813-time-sharing with a minor child if a parent has been convicted 548
814-of or had adjudication withheld for an offense enumerated in s. 549
815-943.0435(1)(h)1.a., and at the time of the offense: 550
791+responsibility and make such arrangements for time -sharing as 526
792+specified in the parenting plan as wi ll best protect the child 527
793+or abused spouse from further harm. Whether or not there is a 528
794+conviction of any offense of domestic violence or child abuse or 529
795+the existence of an injunction for protection against domestic 530
796+violence, the court shall consider evide nce of domestic violence 531
797+or child abuse as evidence of detriment to the child. 532
798+ 3. In ordering shared parental responsibility, the court 533
799+may consider the expressed desires of the parents and may grant 534
800+to one party the ultimate responsibility over specific aspects 535
801+of the child's welfare or may divide those responsibilities 536
802+between the parties based on the best interests of the child. 537
803+Areas of responsibility may include education, health care, and 538
804+any other responsibilities that the court finds unique to a 539
805+particular family. 540
806+ 4. The court shall order sole parental responsibility for 541
807+a minor child to one parent, with or without time -sharing with 542
808+the other parent if it is in the best interests of the minor 543
809+child. 544
810+ 5. There is a rebuttable presumption against granting 545
811+time-sharing with a minor child if a parent has been convicted 546
812+of or had adjudication withheld for an offense enumerated in s. 547
813+943.0435(1)(h)1.a., and at the time of the offense: 548
814+ a. The parent was 18 years of age or older. 549
815+ b. The victim was un der 18 years of age or the parent 550
816816
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824824 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825825
826826
827827
828- a. The parent was 18 years of age or older. 551
829- b. The victim was under 18 years of age or the parent 552
830-believed the victim to be under 18 years of ag e. 553
831- 554
832-A parent may rebut the presumption upon a specific finding in 555
833-writing by the court that the parent poses no significant risk 556
834-of harm to the child and that time -sharing is in the best 557
835-interests of the minor child. If the presumption is rebutted, 558
836-the court shall consider all time -sharing factors in subsection 559
837-(3) when developing a time -sharing schedule. 560
838- 6. Access to records and information pertaining to a minor 561
839-child, including, but not limited to, medical, dental, and 562
840-school records, may not be denied to either parent. Full rights 563
841-under this subparagraph apply to either parent unless a court 564
842-order specifically revokes these rights, including any 565
843-restrictions on these rights as provided in a domestic violence 566
844-injunction. A parent having rights under this subparagraph has 567
845-the same rights upon request as to form, substance, and manner 568
846-of access as are available to the other parent of a child, 569
847-including, without limitation, the right to in -person 570
848-communication with medical, dental, and education providers. 571
849- (3) For purposes of establishing or modifying parental 572
850-responsibility and creating, developing, approving, or modifying 573
851-a parenting plan, including a time -sharing schedule, which 574
852-governs each parent's relationship with his or her minor child 575
828+believed the victim to be under 18 years of age. 551
829+ 552
830+A parent may rebut the presumption upon a specific finding in 553
831+writing by the court that the parent poses no significant risk 554
832+of harm to the child and that time -sharing is in the best 555
833+interests of the minor child. If the presumption is rebutted, 556
834+the court shall consider all time -sharing factors in subsection 557
835+(3) when developing a time -sharing schedule. 558
836+ 6. Access to records and information pertaining to a minor 559
837+child, including, but not limited to, medical, dental, and 560
838+school records, may not be denied to either parent. Full rights 561
839+under this subparagraph apply to either parent unless a court 562
840+order specifically revokes these rights, including any 563
841+restrictions on these rights as provided in a domestic violence 564
842+injunction. A parent having rights under this subparagraph has 565
843+the same rights upon request as to form, substance, and manner 566
844+of access as are available to the other parent of a child, 567
845+including, without limitation, the r ight to in-person 568
846+communication with medical, dental, and education providers. 569
847+ Section 4. Paragraph (b) of subsection (1) of section 570
848+61.14, Florida Statutes, is amended, and paragraph (c) is added 571
849+to subsection (11) and subsections (12), (13), and (14) are 572
850+added to that section, to read: 573
851+ 61.14 Enforcement and modification of support, 574
852+maintenance, or alimony agreements or orders. — 575
853853
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854+CS/HB 1395 2022
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859-hb1395-02-c2
860-Page 24 of 36
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861861 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862862
863863
864864
865-and the relationship between each parent with regard to his or 576
866-her minor child, the best interest of the child shall be the 577
867-primary consideration. A determination of parental 578
868-responsibility, a parenting plan, or a time -sharing schedule may 579
869-not be modified without a sho wing of a substantial, material, 580
870-and unanticipated change in circumstances and a determination 581
871-that the modification is in the best interests of the child. For 582
872-purposes of the modification of a parenting plan and time -583
873-sharing schedule, a parent's permanent relocation to a residence 584
874-within 50 miles of the primary residence of the child is 585
875-presumed to be a substantial, material, and unanticipated change 586
876-in circumstances. Determination of the best interests of the 587
877-child shall be made by evaluating all of the f actors affecting 588
878-the welfare and interests of the particular minor child and the 589
879-circumstances of that family, including, but not limited to: 590
880- (a) The demonstrated capacity and disposition of each 591
881-parent to facilitate and encourage a close and continuing 592
882-parent-child relationship, to honor the time -sharing schedule, 593
883-and to be reasonable when changes are required. 594
884- (b) The anticipated division of parental responsibilities 595
885-after the litigation, including the extent to which parental 596
886-responsibilities will be delegated to third parties. 597
887- (c) The demonstrated capacity and disposition of each 598
888-parent to determine, consider, and act upon the needs of the 599
889-child as opposed to the needs or desires of the parent. 600
865+ (1) 576
866+ (b)1. The court may reduce or terminate an award of 577
867+alimony or order reimbursement to the obligor for any amount the 578
868+court determines is equitable upon specific written findings by 579
869+the court that since the granting of a divorce and the award of 580
870+alimony, a supportive relationship exists or has existed between 581
871+the obligee and another a person at any time during the 180 da ys 582
872+before the filing of a petition for modification of alimony with 583
873+whom the obligee resides . On the issue of whether alimony should 584
874+be reduced or terminated under this paragraph, the burden is on 585
875+the obligor to prove by a preponderance of the evidence tha t a 586
876+supportive relationship exists or existed. If the obligor proves 587
877+that a supportive relationship exists or existed, the burden 588
878+shifts to the obligee to disprove, by a preponderance of the 589
879+evidence, that the court should terminate an existing award of 590
880+alimony. 591
881+ 2. In determining the extent to which whether an existing 592
882+award of alimony should be reduced or terminated because of an 593
883+alleged supportive relationship between an obligee and a person 594
884+who is not related by consanguinity or affinity and with whom 595
885+the obligee resides, the court must make written findings of 596
886+fact concerning the nature and the extent of the supportive 597
887+relationship in question and the circumstances of the supportive 598
888+relationship, including, but not limited to, the following 599
889+factors shall elicit the nature and extent of the relationship 600
890890
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891+CS/HB 1395 2022
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898898 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899899
900900
901901
902- (d) The length of time the child has lived in a stab le, 601
903-satisfactory environment and the desirability of maintaining 602
904-continuity. 603
905- (e) The geographic viability of the parenting plan, with 604
906-special attention paid to the needs of school -age children and 605
907-the amount of time to be spent traveling to effectuate th e 606
908-parenting plan. This factor does not create a presumption for or 607
909-against relocation of either parent with a child. 608
910- (f) The moral fitness of the parents. 609
911- (g) The mental and physical health of the parents. 610
912- (h) The home, school, and community record o f the child. 611
913- (i) The reasonable preference of the child, if the court 612
914-deems the child to be of sufficient intelligence, understanding, 613
915-and experience to express a preference. 614
916- (j) The demonstrated knowledge, capacity, and disposition 615
917-of each parent to be informed of the circumstances of the minor 616
918-child, including, but not limited to, the child's friends, 617
919-teachers, medical care providers, daily activities, and favorite 618
920-things. 619
921- (k) The demonstrated capacity and disposition of each 620
922-parent to provide a con sistent routine for the child, such as 621
923-discipline, and daily schedules for homework, meals, and 622
924-bedtime. 623
925- (l) The demonstrated capacity of each parent to 624
926-communicate with and keep the other parent informed of issues 625
902+in question. The court shall give consideration, without 601
903+limitation, to circumstances, including, but not limited to, the 602
904+following, in determining the relationship of an obligee to 603
905+another person: 604
906+ a. The extent to which the obligee and the other person 605
907+have held themselves out as a married couple by engaging in 606
908+conduct such as using the same last name, using a common mailing 607
909+address, referring to each other in terms such as "my husband" 608
910+or "my wife," or otherwise conducting themselves in a manner 609
911+that evidences a permanent supportive relationship. 610
912+ b. The period of time that the obligee has resided with 611
913+the other person in a permanent place of abode. 612
914+ c. The extent to which the obligee and the other pe rson 613
915+have pooled their assets or income or otherwise exhibited 614
916+financial interdependence. 615
917+ d. The extent to which the obligee or the other person has 616
918+supported the other, in whole or in part. 617
919+ e. The extent to which the obligee or the other person has 618
920+performed valuable services for the other. 619
921+ f. The extent to which the obligee or the other person has 620
922+performed valuable services for the other's company or employer. 621
923+ g. Whether the obligee and the other person have worked 622
924+together to create or enhance a nything of value. 623
925+ h. Whether the obligee and the other person have jointly 624
926+contributed to the purchase of any real or personal property. 625
927927
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935935 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936936
937937
938938
939-and activities regarding the minor chil d, and the willingness of 626
940-each parent to adopt a unified front on all major issues when 627
941-dealing with the child. 628
942- (m) Evidence of domestic violence, sexual violence, child 629
943-abuse, child abandonment, or child neglect, regardless of 630
944-whether a prior or pending action relating to those issues has 631
945-been brought. If the court accepts evidence of prior or pending 632
946-actions regarding domestic violence, sexual violence, child 633
947-abuse, child abandonment, or child neglect, the court must 634
948-specifically acknowledge in writing that such evidence was 635
949-considered when evaluating the best interests of the child. 636
950- (n) Evidence that either parent has knowingly provided 637
951-false information to the court regarding any prior or pending 638
952-action regarding domestic violence, sexual violence, child 639
953-abuse, child abandonment, or child neglect. 640
954- (o) The particular parenting tasks customarily performed 641
955-by each parent and the division of parental responsibilities 642
956-before the institution of litigation and during the pending 643
957-litigation, including the extent to which parenting 644
958-responsibilities were undertaken by third parties. 645
959- (p) The demonstrated capacity and disposition of each 646
960-parent to participate and be involved in the child's school and 647
961-extracurricular activities. 648
962- (q) The demonstrated capacity and disposition of each 649
963-parent to maintain an environment for the child which is free 650
939+ i. Evidence in support of a claim that the obligee and the 626
940+other person have an express agreement regarding property 627
941+sharing or support. 628
942+ j. Evidence in support of a claim that the obligee and the 629
943+other person have an implied agreement regarding property 630
944+sharing or support. 631
945+ k. Whether the obligee and the other person have provided 632
946+support to the children of o ne another, regardless of any legal 633
947+duty to do so. 634
948+ 3. This paragraph does not abrogate the requirement that 635
949+every marriage in this state be solemnized under a license, does 636
950+not recognize a common law marriage as valid, and does not 637
951+recognize a de facto m arriage. This paragraph recognizes only 638
952+that relationships do exist that provide economic support 639
953+equivalent to a marriage and that alimony terminable on 640
954+remarriage may be reduced or terminated upon the establishment 641
955+of equivalent equitable circumstances a s described in this 642
956+paragraph. The existence of a conjugal relationship, though it 643
957+may be relevant to the nature and extent of the relationship, is 644
958+not necessary for the application of the provisions of this 645
959+paragraph. 646
960+ (11) 647
961+ (c) An obligor's subsequent r emarriage or cohabitation 648
962+does not constitute a basis for either party to seek a 649
963+modification of an alimony award. 650
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972972 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973973
974974
975975
976-from substance abuse. 651
977- (r) The capacity and disposition of each parent to protect 652
978-the child from the ongoing litigation as demonstrated by not 653
979-discussing the litigation with the child, not sharing documents 654
980-or electronic media related to the litigation with the child, 655
981-and refraining from disparaging comments about the other parent 656
982-to the child. 657
983- (s) The developmental stages and needs of the child and 658
984-the demonstrated capacity and disposition of each parent to meet 659
985-the child's developmental needs. 660
986- (t) Any other factor that is relevant to the determination 661
987-of a specific parenting plan, including the time -sharing 662
988-schedule. 663
989- Section 4. Paragraph (b) of subsection (1) of section 664
990-61.14, Florida Statutes, is amended, and paragraph (c) is added 665
991-to subsection (11) and subsections (12), (13), and (14) are 666
992-added to that section, to read: 667
993- 61.14 Enforcement and modification of support, 668
994-maintenance, or alimony agreements or orde rs.— 669
995- (1) 670
996- (b)1. The court may reduce or terminate an award of 671
997-alimony or order reimbursement to the obligor for any amount the 672
998-court determines is equitable upon specific written findings by 673
999-the court that since the granting of a divorce and the award of 674
1000-alimony, a supportive relationship exists or has existed between 675
976+ (12)(a) Up to 12 months before seeking to terminate 651
977+alimony as provided under this section, an obligor may file a 652
978+notice of retirement and intent to terminate alimony with the 653
979+court and shall personally serve the obligee or his or her last 654
980+known attorney of record with such notice. 655
981+ (b) The obligee has 20 days after the date of service of 656
982+the notice to request the court to enter findings tha t as of the 657
983+date on which the notice was filed: 658
984+ 1. The reduction or termination of alimony would result in 659
985+any of the following: 660
986+ a. The obligee's income would be less than 130 percent of 661
987+the federal poverty guidelines for a one -person household, as 662
988+published by the United States Department of Health and Human 663
989+Services, based on the obligee's income and investable assets, 664
990+including any retirement assets from which the obligee can 665
991+access income without incurring early withdrawal penalties. 666
992+ b. A violation of the terms of the marital settlement 667
993+agreement between the parties because the marital settlement 668
994+agreement either does not allow for modification or termination 669
995+of the alimony award or the proposed reduction in alimony does 670
996+not comply with applicable terms for modification of alimony 671
997+specified in the agreement; 672
998+ 2. The obligee is the full -time in-home caregiver to a 673
999+fully and permanently mentally or physically disabled child who 674
1000+is common to the parties; or 675
10011001
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10051005
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10091009 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10101010
10111011
10121012
1013-the obligee and another a person at any time during the 180 days 676
1014-before the filing of a petition for modification of alimony with 677
1015-whom the obligee resides . On the issue of whether alimony sh ould 678
1016-be reduced or terminated under this paragraph, the burden is on 679
1017-the obligor to prove by a preponderance of the evidence that a 680
1018-supportive relationship exists or existed. If the obligor proves 681
1019-that a supportive relationship exists or existed, the burde n 682
1020-shifts to the obligee to disprove, by a preponderance of the 683
1021-evidence, that the court should terminate an existing award of 684
1022-alimony. 685
1023- 2. In determining the extent to which whether an existing 686
1024-award of alimony should be reduced or terminated because of a n 687
1025-alleged supportive relationship between an obligee and a person 688
1026-who is not related by consanguinity or affinity and with whom 689
1027-the obligee resides, the court must make written findings of 690
1028-fact concerning the nature and the extent of the supportive 691
1029-relationship in question and the circumstances of the supportive 692
1030-relationship, including, but not limited to, the following 693
1031-factors shall elicit the nature and extent of the relationship 694
1032-in question. The court shall give consideration, without 695
1033-limitation, to circumstances, including, but not limited to, the 696
1034-following, in determining the relationship of an obligee to 697
1035-another person: 698
1036- a. The extent to which the obligee and the other person 699
1037-have held themselves out as a married couple by engaging in 700
1013+ 3. The obligee is permanently mentally or physically 676
1014+disabled and unable to provide for his or her own support, 677
1015+either partially or fully. 678
1016+ (c) If the court makes any of the findings specified in 679
1017+paragraph (b), the court must consider and make written findings 680
1018+regarding the following factors when deciding whether to reduce 681
1019+either the amount or duration of alimony: 682
1020+ 1. The duration of the marriage. 683
1021+ 2. The financial resources of the obligee, including the 684
1022+nonmarital and marital assets and liabilities distributed to the 685
1023+obligee, as well as the obl igee's role in conserving or 686
1024+depleting the marital assets distributed at the dissolution of 687
1025+marriage. 688
1026+ 3. The sources of income available to the obligee, 689
1027+including income available to the obligee through investments of 690
1028+any asset, including retirement assets from which the obligee 691
1029+can access income without incurring early withdrawal penalties. 692
1030+ 4. The effort and sacrifices of time and leisure necessary 693
1031+for the obligor to continue to provide such alimony and 694
1032+consideration of the presumption that the obl igor has a right to 695
1033+retire when attaining full retirement age as determined by the 696
1034+Social Security Administration. 697
1035+ 5. The age and health of the obligor. 698
1036+ 6. The terms of the marital settlement agreement between 699
1037+the parties which govern modification of a limony. 700
10381038
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10411041
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10461046 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10471047
10481048
10491049
1050-conduct such as using the same last name, using a common mailing 701
1051-address, referring to each other in terms such as "my husband" 702
1052-or "my wife," or otherwise conducting themselves in a manner 703
1053-that evidences a permanent supportive relationship. 704
1054- b. The period of time that th e obligee has resided with 705
1055-the other person in a permanent place of abode. 706
1056- c. The extent to which the obligee and the other person 707
1057-have pooled their assets or income or otherwise exhibited 708
1058-financial interdependence. 709
1059- d. The extent to which the obligee o r the other person has 710
1060-supported the other, in whole or in part. 711
1061- e. The extent to which the obligee or the other person has 712
1062-performed valuable services for the other. 713
1063- f. The extent to which the obligee or the other person has 714
1064-performed valuable service s for the other's company or employer. 715
1065- g. Whether the obligee and the other person have worked 716
1066-together to create or enhance anything of value. 717
1067- h. Whether the obligee and the other person have jointly 718
1068-contributed to the purchase of any real or personal property. 719
1069- i. Evidence in support of a claim that the obligee and the 720
1070-other person have an express agreement regarding property 721
1071-sharing or support. 722
1072- j. Evidence in support of a claim that the obligee and the 723
1073-other person have an implied agreement regard ing property 724
1074-sharing or support. 725
1050+ (d) If the court does not make any of the findings 701
1051+specified in paragraph (b), the alimony award amount shall 702
1052+decrease by 25 percent on the date on which the obligor reaches 703
1053+65 years of age or 1 year after the date on which the notice of 704
1054+retirement and intent to terminate alimony is filed, whichever 705
1055+occurs later, and shall continue to decrease by 25 percent each 706
1056+year thereafter until the date the obligor reaches 68 years of 707
1057+age or 4 years after the date on which the notice of retirement 708
1058+is filed, whichever occurs later, at which time alimony shall 709
1059+terminate. 710
1060+ (e) Notwithstanding paragraphs (a) -(d), if the obligor 711
1061+continues to work beyond full retirement age as determined by 712
1062+the United States Social Security Administration or beyond the 713
1063+reasonable retirement age for his or her profession or line of 714
1064+work as determined in paragraph (f), whichever occurs earlier, 715
1065+and earns active gross income of more than 50 percent of the 716
1066+obligor's average preretirement annual active gross income for 717
1067+the 3 years preceding his or her full retirement age, actual 718
1068+retirement date, or reasonable retirement age, as applicable, 719
1069+the court may extend alimony until the obligor retires and 720
1070+reduces his or her active gross income below the 50 percent 721
1071+active gross income threshold e stablished under this paragraph. 722
1072+ (f) If an obligor seeks to retire at an age that is 723
1073+reasonable for his or her profession or line of work, but before 724
1074+he or she reaches 65 years of age, or if the obligor is older 725
10751075
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10831083 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10841084
10851085
10861086
1087- k. Whether the obligee and the other person have provided 726
1088-support to the children of one another, regardless of any legal 727
1089-duty to do so. 728
1090- 3. This paragraph does not abrogate the requirement that 729
1091-every marriage in this st ate be solemnized under a license, does 730
1092-not recognize a common law marriage as valid, and does not 731
1093-recognize a de facto marriage. This paragraph recognizes only 732
1094-that relationships do exist that provide economic support 733
1095-equivalent to a marriage and that ali mony terminable on 734
1096-remarriage may be reduced or terminated upon the establishment 735
1097-of equivalent equitable circumstances as described in this 736
1098-paragraph. The existence of a conjugal relationship, though it 737
1099-may be relevant to the nature and extent of the rela tionship, is 738
1100-not necessary for the application of the provisions of this 739
1101-paragraph. 740
1102- (11) 741
1103- (c) An obligor's subsequent remarriage or cohabitation 742
1104-does not constitute a basis for either party to seek a 743
1105-modification of an alimony award. 744
1106- (12)(a) Up to 12 months before seeking to terminate 745
1107-alimony as provided under this section, an obligor may file a 746
1108-notice of retirement and intent to terminate alimony with the 747
1109-court and shall personally serve the obligee or his or her last 748
1110-known attorney of record with such notice. 749
1111- (b) The obligee has 20 days after the date of service of 750
1087+than his or her full retirement age as det ermined by the Social 726
1088+Security Administration, the court may terminate an alimony 727
1089+award if it determines that the obligor's retirement is 728
1090+reasonable. In determining whether the obligor's retirement is 729
1091+reasonable, the court shall consider all of the followi ng: 730
1092+ 1. The obligor's age and health. 731
1093+ 2. The obligor's motivation for retirement. 732
1094+ 3. The obligor's profession or line of work and the 733
1095+typical retirement age for that profession or line of work. 734
1096+ 4. The impact that a termination or reduction of alimon y 735
1097+would have on the obligee. In determining the impact, the court 736
1098+must consider any assets accumulated or received by the obligee 737
1099+since the final judgment of dissolution of marriage, including 738
1100+any income generated by such assets and retirement assets from 739
1101+which the obligee can access income without incurring early 740
1102+withdrawal penalties, and the obligee's role in the depletion or 741
1103+conservation of any assets. 742
1104+ (g) Up to 12 months before the obligor's anticipated 743
1105+retirement under paragraph (f), the obligor may file a petition 744
1106+to modify or terminate the alimony award, effective upon his or 745
1107+her actual retirement date. The court shall modify or terminate 746
1108+the alimony award after the obligor's retirement date unless the 747
1109+court makes written findings of fact under para graph (f) that 748
1110+the obligor's retirement is not reasonable. 749
1111+ (13) Any amount of social security or disability benefits 750
11121112
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11201120 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11211121
11221122
11231123
1124-the notice to request the court to enter findings that as of the 751
1125-date on which the notice was filed: 752
1126- 1. The reduction or termination of alimony would result in 753
1127-any of the following: 754
1128- a. The obligee's income would be less than 130 percent of 755
1129-the federal poverty guidelines for a one -person household, as 756
1130-published by the United States Department of Health and Human 757
1131-Services, based on the obligee's income and investable assets, 758
1132-including any retirement assets from which the obligee can 759
1133-access income without incurring early withdrawal penalties. 760
1134- b. A violation of the terms of the marital settlement 761
1135-agreement between the parties because the marital settlement 762
1136-agreement either does not allow f or modification or termination 763
1137-of the alimony award or the proposed reduction in alimony does 764
1138-not comply with applicable terms for modification of alimony 765
1139-specified in the agreement; 766
1140- 2. The obligee is the full -time in-home caregiver to a 767
1141-fully and permanently mentally or physically disabled child who 768
1142-is common to the parties; or 769
1143- 3. The obligee is permanently mentally or physically 770
1144-disabled and unable to provide for his or her own support, 771
1145-either partially or fully. 772
1146- (c) If the court makes any of the fi ndings specified in 773
1147-paragraph (b), the court must consider and make written findings 774
1148-regarding the following factors when deciding whether to reduce 775
1124+or retirement payments received by an obligee subsequent to an 751
1125+initial award of alimony constitutes a change in circumstances 752
1126+for which an obligor may seek modification of an alimony award. 753
1127+ (14) Agreements on alimony payments, voluntary or pursuant 754
1128+to a court order, which allow for modification or termination of 755
1129+alimony by virtue of either party reaching a certain age, 756
1130+income, or other threshold, or agreements that establish a 757
1131+limited period of time after which alimony is modifiable, are 758
1132+considered agreements that are expressly modifiable or eligible 759
1133+for termination for purposes of this section once the specified 760
1134+condition is met. 761
1135+ Section 5. Section 61.19, Florida Statutes, is amended to 762
1136+read: 763
1137+ 61.19 Entry of judgment of dissolution of marriage ;, delay 764
1138+period; separate adjudication of issues .— 765
1139+ (1) A No final judgment of dissolution of marriage may not 766
1140+be entered until at least 20 d ays have elapsed from the date of 767
1141+filing the original petition for dissolution of marriage ,; but 768
1142+the court, on a showing that injustice would result from this 769
1143+delay, may enter a final judgment of dissolution of marriage at 770
1144+an earlier date. 771
1145+ (2) If more than 2 years have elapsed after the date of 772
1146+service of the original petition for dissolution of marriage, 773
1147+absent a showing by either party that irreparable harm will 774
1148+result from granting a final judgment of dissolution of 775
11491149
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11571157 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11581158
11591159
11601160
1161-either the amount or duration of alimony: 776
1162- 1. The duration of the marriage. 777
1163- 2. The financial resources of the obligee, including the 778
1164-nonmarital and marital assets and liabilities distributed to the 779
1165-obligee, as well as the obligee's role in conserving or 780
1166-depleting the marital assets distributed at the dissolution of 781
1167-marriage. 782
1168- 3. The sources of income avail able to the obligee, 783
1169-including income available to the obligee through investments of 784
1170-any asset, including retirement assets from which the obligee 785
1171-can access income without incurring early withdrawal penalties. 786
1172- 4. The effort and sacrifices of time and l eisure necessary 787
1173-for the obligor to continue to provide such alimony and 788
1174-consideration of the presumption that the obligor has a right to 789
1175-retire when attaining full retirement age as determined by the 790
1176-Social Security Administration. 791
1177- 5. The age and health of the obligor. 792
1178- 6. The terms of the marital settlement agreement between 793
1179-the parties which govern modification of alimony. 794
1180- (d) If the court does not make any of the findings 795
1181-specified in paragraph (b), the alimony award amount shall 796
1182-decrease by 25 percent on the date on which the obligor reaches 797
1183-65 years of age or 1 year after the date on which the notice of 798
1184-retirement and intent to terminate alimony is filed, whichever 799
1185-occurs later, and shall continue to decrease by 25 percent each 800
1186-
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1194-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1195-
1196-
1197-
1198-year thereafter until the date the obligor reaches 68 years of 801
1199-age or 4 years after the date on which the notice of retirement 802
1200-is filed, whichever occurs later, at which time alimony shall 803
1201-terminate. 804
1202- (e) Notwithstanding paragraphs (a) -(d), if the obligor 805
1203-continues to work beyond full retirement age as determined by 806
1204-the United States Social Security Administration or beyond the 807
1205-reasonable retirement age for his or her profession or line of 808
1206-work as determined in paragraph (f), whichever occurs earlier, 809
1207-and earns active gross income of more than 50 percent of the 810
1208-obligor's average preretirement annual active gross income for 811
1209-the 3 years preceding his or her full retirement age, actual 812
1210-retirement date, or reasonable retirement age, as applicable, 813
1211-the court may extend alimony unt il the obligor retires and 814
1212-reduces his or her active gross income below the 50 percent 815
1213-active gross income threshold established under this paragraph. 816
1214- (f) If an obligor seeks to retire at an age that is 817
1215-reasonable for his or her profession or line of wor k, but before 818
1216-he or she reaches 65 years of age, or if the obligor is older 819
1217-than his or her full retirement age as determined by the Social 820
1218-Security Administration, the court may terminate an alimony 821
1219-award if it determines that the obligor's retirement is 822
1220-reasonable. In determining whether the obligor's retirement is 823
1221-reasonable, the court shall consider all of the following: 824
1222- 1. The obligor's age and health. 825
1223-
1224-CS/CS/HB 1395 2022
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1231-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1232-
1233-
1234-
1235- 2. The obligor's motivation for retirement. 826
1236- 3. The obligor's profession or line of work and the 827
1237-typical retirement age for that profession or line of work. 828
1238- 4. The impact that a termination or reduction of alimony 829
1239-would have on the obligee. In determining the impact, the court 830
1240-must consider any assets accumulated or received by the obligee 831
1241-since the final judgment of dissolution of marriage, including 832
1242-any income generated by such assets and retirement assets from 833
1243-which the obligee can access income without incurring early 834
1244-withdrawal penalties, and the obligee's role in the depletion or 835
1245-conservation of any assets. 836
1246- (g) Up to 12 months before the obligor's anticipated 837
1247-retirement under paragraph (f), the obligor may file a petition 838
1248-to modify or terminate the alimony award, effective upon his or 839
1249-her actual retirement date. The court shall modify or term inate 840
1250-the alimony award after the obligor's retirement date unless the 841
1251-court makes written findings of fact under paragraph (f) that 842
1252-the obligor's retirement is not reasonable. 843
1253- (13) Any amount of social security or disability benefits 844
1254-or retirement payments received by an obligee subsequent to an 845
1255-initial award of alimony constitutes a change in circumstances 846
1256-for which an obligor may seek modification of an alimony award. 847
1257- (14) Agreements on alimony payments, voluntary or pursuant 848
1258-to a court order, which allow for modification or termination of 849
1259-alimony by virtue of either party reaching a certain age, 850
1260-
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1268-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1269-
1270-
1271-
1272-income, or other threshold, or agreements that establish a 851
1273-limited period of time after which alimony is modifiable, are 852
1274-considered agreements that are expre ssly modifiable or eligible 853
1275-for termination for purposes of this section once the specified 854
1276-condition is met. 855
1277- Section 5. Section 61.19, Florida Statutes, is amended to 856
1278-read: 857
1279- 61.19 Entry of judgment of dissolution of marriage ;, delay 858
1280-period; separate adjudication of issues .— 859
1281- (1) A No final judgment of dissolution of marriage may not 860
1282-be entered until at least 20 days have elapsed from the date of 861
1283-filing the original petition for dissolution of marriage ,; but 862
1284-the court, on a showing that injustice woul d result from this 863
1285-delay, may enter a final judgment of dissolution of marriage at 864
1286-an earlier date. 865
1287- (2) If more than 2 years have elapsed after the date of 866
1288-service of the original petition for dissolution of marriage, 867
1289-absent a showing by either party tha t irreparable harm will 868
1290-result from granting a final judgment of dissolution of 869
1291-marriage, the court shall, upon request of either party, grant a 870
1292-final judgment of dissolution of marriage with a reservation of 871
1293-jurisdiction to subsequently determine all othe r substantive 872
1294-issues. Before granting the judgment, the court shall enter 873
1295-temporary orders necessary to protect the parties and their 874
1296-children, if any, which orders remain effective until all other 875
1297-
1298-CS/CS/HB 1395 2022
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1305-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1306-
1307-
1308-
1309-issues are adjudicated by the court. This subsection appli es to 876
1310-all petitions for dissolution of marriage filed on or after July 877
1311-1, 2022. 878
1312- Section 6. The court shall apply this act to any action 879
1313-pending on or after July 1, 2022. 880
1314- Section 7. This act shall take effect July 1, 2022. 881
1161+marriage, the court shall, upon requ est of either party, grant a 776
1162+final judgment of dissolution of marriage with a reservation of 777
1163+jurisdiction to subsequently determine all other substantive 778
1164+issues. Before granting the judgment, the court shall enter 779
1165+temporary orders necessary to protect the parties and their 780
1166+children, if any, which orders remain effective until all other 781
1167+issues are adjudicated by the court. This subsection applies to 782
1168+all petitions for dissolution of marriage filed on or after July 783
1169+1, 2022. 784
1170+ Section 6. The court shall apply this act to any action 785
1171+pending on or after July 1, 2022. 786
1172+ Section 7. This act shall take effect July 1, 2022. 787