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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
A bill to be entitled 1
An act relating to dissolution of marriage; amending 2
s. 61.08, F.S.; making technical changes; authorizing 3
the court to consider the adultery of either spouse 4
and any resulting economic impact in determining the 5
amount of alimony awarded; requiring the cou rt to make 6
certain written findings in its awards of alimony; 7
authorizing the court to award a combination of forms 8
of alimony or forms of payment for certain purposes; 9
providing a burden of proof for the party seeking 10
support, maintenance, or alimony; req uiring the court 11
to make written findings under certain circumstances; 12
revising factors that the court must consider in 13
determining the form or forms of support, maintenance, 14
or alimony; requiring the court to make specific 15
findings regarding the purchase or maintenance of a 16
life insurance policy or a bond to secure alimony; 17
authorizing the court to apportion costs of such 18
policies or bonds; modifying certain rebuttable 19
presumptions related to the duration of a marriage for 20
purposes of determining alimony; prohibiting the 21
length of an award of rehabilitative alimony from 22
exceeding a specified timeframe; revising a provision 23
authorizing the modification of rehabilitative alimony 24
upon completion of the rehabilitative plan; revising 25
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provisions related to durati onal alimony; prohibiting 26
the length of an award of durational alimony from 27
exceeding specified timeframes; authorizing the court 28
to extend durational alimony under certain 29
circumstances; specifying the calculation of 30
durational alimony; removing a provisi on authorizing 31
the court to award permanent alimony; providing 32
applicability; amending s. 61.13, F.S.; removing the 33
unanticipated change of circumstances requirement 34
regarding modifying a parenting plan and time -sharing 35
schedule; authorizing the court to c onsider a certain 36
relocation of a parent as a substantial and material 37
change for the purpose of a modification to the time -38
sharing schedule, subject to a certain determination; 39
amending s. 61.14, F.S.; requiring the court to reduce 40
or terminate support, m aintenance, or alimony under 41
certain circumstances; clarifying provisions relating 42
to supportive relationships; specifying burdens of 43
proof for the obligor and obligee when the court must 44
determine that a supportive relationship exists or has 45
existed and the extent to which an award of support, 46
maintenance, or alimony should be reduced or 47
terminated; requiring the court to make certain 48
written findings; revising the additional factors the 49
court must consider regarding supportive 50
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relationships; revising cons truction and 51
applicability; authorizing the court to reduce or 52
terminate an award of support, maintenance, or alimony 53
upon specific written findings of fact regarding the 54
obligor's retirement; providing burdens of proof for 55
the obligor and obligee; requiri ng the court to make 56
written findings regarding specified factors when 57
deciding whether to reduce or terminate support, 58
maintenance, or alimony; authorizing the obligor to 59
file a petition within a certain timeframe to modify 60
or terminate his or her support , maintenance, or 61
alimony obligation in anticipation of retirement; 62
requiring the court to consider certain factors and 63
make certain written findings; amending s. 741.0306, 64
F.S.; revising the information contained in a certain 65
family law handbook; conformi ng a provision to changes 66
made by the act; providing an effective date. 67
68
Be It Enacted by the Legislature of the State of Florida: 69
70
Section 1. Section 61.08, Florida Statutes, is amended to 71
read: 72
61.08 Alimony.— 73
(1)(a) In a proceeding for disso lution of marriage, the 74
court may grant alimony to either party in the form or forms of 75
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temporary, which alimony may be bridge-the-gap, rehabilitative, 76
or durational alimony, as is equitable or permanent in nature or 77
any combination of these forms of alimo ny. In an any award of 78
alimony, the court may order periodic or lump sum payments or 79
payments in lump sum or both . The court may consider the 80
adultery of either spouse and any resulting economic impact in 81
determining the amount of alimony, if any, to be aw arded. 82
(b) The court shall make written findings of fact 83
regarding the basis for awarding a form or any combination of 84
forms of alimony, including the type of alimony and the length 85
of time for which the alimony is awarded. The court may award a 86
combination of forms of alimony or forms of payment, including 87
lump sum payments, to provide greater economic assistance in 88
order to allow the obligee to achieve self -support The court may 89
consider the adultery of either spouse and the circumstances 90
thereof in determining the amount of alimony, if any, to be 91
awarded. In all dissolution actions, the court shall include 92
findings of fact relative to the factors enumerated in 93
subsection (2) supporting an award or denial of alimony . 94
(2)(a) In determining whether to aw ard support, 95
maintenance, or alimony or maintenance, the court shall first 96
make a specific, factual determination as to whether the either 97
party seeking support, maintenance, or alimony has an actual 98
need for it alimony or maintenance and whether the other either 99
party has the ability to pay support, maintenance, or alimony or 100
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maintenance. The party seeking support, maintenance, or alimony 101
has the burden of proving his or her need for support, 102
maintenance, or alimony and the other party's ability to pay 103
support, maintenance, or alimony. 104
(b) When determining a support, maintenance, or alimony 105
claim, the court shall include written findings of fact relative 106
to the factors provided in subsection (3) supporting an award or 107
denial of support, maintenance, or al imony, unless the denial is 108
based upon a failure to establish a need for or ability to pay 109
support, maintenance, or alimony. However, the court shall make 110
written findings of fact as to the lack of need or lack of 111
ability to pay in denying a request for su pport, maintenance, or 112
alimony. 113
(3) If the court finds that the a party seeking support, 114
maintenance, or alimony has a need for it alimony or maintenance 115
and that the other party has the ability to pay support, 116
maintenance, or alimony or maintenance, then in determining the 117
proper form or forms type and amount of support, maintenance, or 118
alimony or maintenance under subsections (5) -(8), or a deviation 119
therefrom, the court shall consider all of the following 120
relevant factors, including, but not limited to: 121
(b)(a) The standard of living established during the 122
marriage and the anticipated needs and necessities of life for 123
each party after the entry of the final judgment . 124
(a)(b) The duration of the marriage. 125
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(c) The age, and the physical, mental, and emotional 126
condition of each party , including whether either party is 127
physically or mentally disabled and the resulting impact on 128
either the obligee's ability to provide for his or her own needs 129
or the obligor's ability to pay alimony and whether such 130
conditions are expected to be temporary or permanent . 131
(d) The financial resources and income of each party, 132
including the income generated from both nonmarital and the 133
marital assets and liabilities distributed to each . 134
(e) The earning capacities, educational levels, vocational 135
skills, and employability of the parties , including the ability 136
of either party to obtain the necessary skills or education to 137
become self-supporting or to contribute to his or her self -138
support prior to the termination of the support, ma intenance, or 139
alimony award and, when applicable, the time necessary for 140
either party to acquire sufficient education or training to 141
enable such party to find appropriate employment . 142
(f) The contribution of each party to the marriage, 143
including, but not limited to, services rendered in homemaking, 144
child care, education, and career building of the other party. 145
(g) The responsibilities each party will have with regard 146
to any minor children whom the parties they have in common, with 147
special consideration g iven to the need to care for a child with 148
a mental or physical disability . 149
(h) The tax treatment and consequences to both parties of 150
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any alimony award, including the designation of all or a portion 151
of the payment as a nontaxable, nondeductible payment. 152
(i) All sources of income available to either party, 153
including income available to either party through investments 154
of any asset held by that party. 155
(j) Any other factor necessary for to do equity and 156
justice between the parties , which shall be specific ally 157
identified in the written findings of fact. This may include a 158
finding of a supportive relationship as provided for in s. 159
61.14(1)(b) or a reasonable retirement as provided for in s. 160
61.14(1)(c)1. 161
(4)(3) To the extent necessary to protect an award o f 162
alimony, the court may order the obligor any party who is 163
ordered to pay alimony to purchase or maintain a life insurance 164
policy or a bond, or to otherwise secure such alimony award with 165
any other assets that which may be suitable for that purpose. 166
The court must make specific findings that there are special 167
circumstances that warrant the purchase or maintenance of a life 168
insurance policy or a bond to secure the alimony award. If the 169
court orders a party to purchase or maintain a life insurance 170
policy or a bond, the court may apportion the costs of such 171
insurance or bond to either or both parties based upon a 172
determination of the ability of the obligee and obligor to pay 173
such costs. 174
(5)(4) For purposes of determining alimony, there is a 175
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rebuttable presumption that a short-term marriage is a marriage 176
having a duration of less than 10 7 years, a moderate-term 177
marriage is a marriage having a duration between 10 and 20 of 178
greater than 7 years but less than 17 years, and a long-term 179
marriage is a marriage havi ng a duration of 20 17 years or 180
longer greater. The length of a marriage is the period of time 181
from the date of marriage until the date of filing of an action 182
for dissolution of marriage. 183
(6)(5) Bridge-the-gap alimony may be awarded to provide 184
support to assist a party in making the by providing support to 185
allow the party to make a transition from being married to being 186
single. Bridge-the-gap alimony assists is designed to assist a 187
party with legitimate identifiable short -term needs., and The 188
length of an award of bridge-the-gap alimony may not exceed 2 189
years. An award of bridge -the-gap alimony terminates upon the 190
death of either party or upon the remarriage of the obligee 191
party receiving alimony . An award of bridge -the-gap alimony is 192
shall not be modifiable in amount or duration. 193
(7)(a)(6)(a) Rehabilitative alimony may be awarded to 194
assist a party in establishing the capacity for self -support 195
through either: 196
1. The redevelopment of previous skills or credentials; or 197
2. The acquisition of education, t raining, or work 198
experience necessary to develop appropriate employment skills or 199
credentials. 200
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(b) In order to award rehabilitative alimony, there must 201
be a specific and defined rehabilitative plan which shall be 202
included as a part of any order awarding rehabilitative alimony. 203
(c) The length of an award of rehabilitative alimony may 204
not exceed 5 years. 205
(d) An award of rehabilitative alimony may be modified or 206
terminated in accordance with s. 61.14 based upon a substantial 207
change in circumstances, upon noncompliance with the 208
rehabilitative plan, or upon completion of the rehabilitative 209
plan if the plan is completed before the length of the award of 210
rehabilitative alimony expires . 211
(8)(a)(7) Durational alimony may be awarded when permanent 212
periodic alimony is inappropriate. The purpose of durational 213
alimony is to provide a party with economic assistance for a set 214
period of time following a marriage of short or moderate 215
duration or following a marriage of long duration if there is no 216
ongoing need for supp ort on a permanent basis . An award of 217
durational alimony terminates upon the death of either party or 218
upon the remarriage of the obligee party receiving alimony . The 219
amount of an award of durational alimony may be modified or 220
terminated based upon a substa ntial change in circumstances in 221
accordance with s. 61.14. Durational alimony may not be awarded 222
following a marriage lasting less than 3 years. However, The 223
length of an award of durational alimony may not be modified 224
except under exceptional circumstance s and may not exceed the 225
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length of the marriage except as set forth in this subsection . 226
(b) An award of durational alimony may not exceed 50 227
percent of the length of a short -term marriage, 60 percent of 228
the length of a moderate -term marriage, or 75 perce nt of the 229
length of a long-term marriage. Under exceptional circumstances, 230
the court may extend the term of durational alimony by a showing 231
of clear and convincing evidence that it is necessary after 232
application of the factors in subsection (3) and upon 233
consideration of all of the following additional factors: 234
1. The extent to which the obligee's age and employability 235
limit the obligee's ability for self -support, either in whole or 236
in part. 237
2. The extent to which the obligee's available financial 238
resources limit the obligee's ability for self -support, either 239
in whole or in part. 240
3. The extent to which the obligee is mentally or 241
physically disabled or has been diagnosed with a mental or 242
physical condition that has rendered, or will render, him or her 243
incapable of self-support, either in whole or in part. 244
4. The extent to which the obligee is the caregiver to a 245
mentally or physically disabled child, whether or not the child 246
has attained the age of majority, who is common to the parties. 247
Any extension terminates upon the child no longer requiring 248
caregiving by the obligee, or upon death of the child, unless 249
one of the other factors in this paragraph apply. 250
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(c) The amount of durational alimony is the amount 251
determined to be the obligee's reasonable need, or an amount not 252
to exceed 35 percent of the difference between the parties' net 253
incomes, whichever amount is less. Net income shall be 254
calculated in conformity with s. 61.30(2) and (3), excluding 255
spousal support paid pursuant to a court order in the acti on 256
between the parties. 257
(8) Permanent alimony may be awarded to provide for the 258
needs and necessities of life as they were established during 259
the marriage of the parties for a party who lacks the financial 260
ability to meet his or her needs and necessities of life 261
following a dissolution of marriage. Permanent alimony may be 262
awarded following a marriage of long duration if such an award 263
is appropriate upon consideration of the factors set forth in 264
subsection (2), following a marriage of moderate duration if 265
such an award is appropriate based upon clear and convincing 266
evidence after consideration of the factors set forth in 267
subsection (2), or following a marriage of short duration if 268
there are written findings of exceptional circumstances. In 269
awarding permanent alimony, the court shall include a finding 270
that no other form of alimony is fair and reasonable under the 271
circumstances of the parties. An award of permanent alimony 272
terminates upon the death of either party or upon the remarriage 273
of the party receiving alimony. An award may be modified or 274
terminated based upon a substantial change in circumstances or 275
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upon the existence of a supportive relationship in accordance 276
with s. 61.14. 277
(9) The award of alimony may not leave the payor with 278
significantly less net income than the net income of the 279
recipient unless there are written findings of exceptional 280
circumstances. 281
(10)(a) With respect to any order requiring the payment of 282
alimony entered on or after January 1, 1985, unless the 283
provisions of paragraph (c) or paragraph (d) applies apply, the 284
court shall direct in the order that the payments of alimony be 285
made through the appropriate depository as provided in s. 286
61.181. 287
(b) With respect to any order requiring the payment of 288
alimony entered before January 1, 1 985, upon the subsequent 289
appearance, on or after that date , of one or both parties before 290
the court having jurisdiction for the purpose of modifying or 291
enforcing the order or in any other proceeding related to the 292
order, or upon the application of either p arty, unless the 293
provisions of paragraph (c) or paragraph (d) applies apply, the 294
court shall modify the terms of the order as necessary to direct 295
that payments of alimony be made through the appropriate 296
depository as provided in s. 61.181. 297
(c) If there is no minor child, alimony payments need not 298
be directed through the depository. 299
(d)1. If there is a minor child of the parties and both 300
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parties so request, the court may order that alimony payments 301
need not be directed through the depository. In this cas e, the 302
order of support must shall provide, or be deemed to provide, 303
that either party may subsequently apply to the depository to 304
require that payments be made through the depository. The court 305
shall provide a copy of the order to the depository. 306
2. If the provisions of subparagraph 1. applies apply, 307
either party may subsequently file with the depository an 308
affidavit alleging default or arrearages in payment and stating 309
that the party wishes to initiate participation in the 310
depository program. The party shall provide copies of the 311
affidavit to the court and the other party or parties. Fifteen 312
days after receipt of the affidavit, the depository shall notify 313
all parties that future payments must shall be directed to the 314
depository. 315
3. In IV-D cases, the IV-D agency has shall have the same 316
rights as the obligee in requesting that payments be made 317
through the depository. 318
(11) The court shall apply this section to all initial 319
petitions for dissolution of marriage or support unconnected 320
with dissolution of marriage pending or filed on or after July 321
1, 2023. 322
Section 2. Paragraph (c) of subsection (2) and subsection 323
(3) of section 61.13, Florida Statutes, are amended to read: 324
61.13 Support of children; parenting and time -sharing; 325
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powers of court.— 326
(2) 327
(c) The court shall determine all matters relating to 328
parenting and time-sharing of each minor child of the parties in 329
accordance with the best interests of the child and in 330
accordance with the Uniform Child Custody Jurisdiction and 331
Enforcement Act, excep t that modification of a parenting plan 332
and time-sharing schedule requires a showing of a substantial 333
and, material, and unanticipated change of circumstances. 334
1. It is the public policy of this state that each minor 335
child has frequent and continuing con tact with both parents 336
after the parents separate or the marriage of the parties is 337
dissolved and to encourage parents to share the rights and 338
responsibilities, and joys, of childrearing. Except as otherwise 339
provided in this paragraph, there is no presumpt ion for or 340
against the father or mother of the child or for or against any 341
specific time-sharing schedule when creating or modifying the 342
parenting plan of the child. 343
2. The court shall order that the parental responsibility 344
for a minor child be shared by both parents unless the court 345
finds that shared parental responsibility would be detrimental 346
to the child. The following evidence creates a rebuttable 347
presumption of detriment to the child: 348
a. A parent has been convicted of a misdemeanor of the 349
first degree or higher involving domestic violence, as defined 350
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in s. 741.28 and chapter 775; 351
b. A parent meets the criteria of s. 39.806(1)(d); or 352
c. A parent has been convicted of or had adjudication 353
withheld for an offense enumerated in s. 943.0435(1)(h)1.a. , and 354
at the time of the offense: 355
(I) The parent was 18 years of age or older. 356
(II) The victim was under 18 years of age or the parent 357
believed the victim to be under 18 years of age. 358
359
If the presumption is not rebutted after the convicted parent is 360
advised by the court that the presumption exists, shared 361
parental responsibility, including time -sharing with the child, 362
and decisions made regarding the child, may not be granted to 363
the convicted parent. However, the convicted parent is not 364
relieved of any obligation to provide financial support. If the 365
court determines that shared parental responsibility would be 366
detrimental to the child, it may order sole parental 367
responsibility and make such arrangements for time -sharing as 368
specified in the parenting plan as will best protect the child 369
or abused spouse from further harm. Whether or not there is a 370
conviction of any offense of domestic violence or child abuse or 371
the existence of an injunction for protection against domestic 372
violence, the court shall consider evidence of domestic violence 373
or child abuse as evidence of detriment to the child. 374
3. In ordering shared parental responsibility, the court 375
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may consider the expressed desires of the parents and may grant 376
to one party the ultimate responsibility over sp ecific aspects 377
of the child's welfare or may divide those responsibilities 378
between the parties based on the best interests of the child. 379
Areas of responsibility may include education, health care, and 380
any other responsibilities that the court finds unique to a 381
particular family. 382
4. The court shall order sole parental responsibility for 383
a minor child to one parent, with or without time -sharing with 384
the other parent if it is in the best interests of the minor 385
child. 386
5. There is a rebuttable presumption ag ainst granting 387
time-sharing with a minor child if a parent has been convicted 388
of or had adjudication withheld for an offense enumerated in s. 389
943.0435(1)(h)1.a., and at the time of the offense: 390
a. The parent was 18 years of age or older. 391
b. The victim was under 18 years of age or the parent 392
believed the victim to be under 18 years of age. 393
394
A parent may rebut the presumption upon a specific finding in 395
writing by the court that the parent poses no significant risk 396
of harm to the child and that time -sharing is in the best 397
interests of the minor child. If the presumption is rebutted, 398
the court shall consider all time -sharing factors in subsection 399
(3) when developing a time -sharing schedule. 400
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6. Access to records and information pertaining to a minor 401
child, including, but not limited to, medical, dental, and 402
school records, may not be denied to either parent. Full rights 403
under this subparagraph apply to either parent unless a court 404
order specifically revokes these rights, including any 405
restrictions on these r ights as provided in a domestic violence 406
injunction. A parent having rights under this subparagraph has 407
the same rights upon request as to form, substance, and manner 408
of access as are available to the other parent of a child, 409
including, without limitation, the right to in-person 410
communication with medical, dental, and education providers. 411
(3) For purposes of establishing or modifying parental 412
responsibility and creating, developing, approving, or modifying 413
a parenting plan, including a time -sharing schedule, which 414
governs each parent's relationship with his or her minor child 415
and the relationship between each parent with regard to his or 416
her minor child, the best interests interest of the child must 417
shall be the primary consideration. A determination of pa rental 418
responsibility, a parenting plan, or a time -sharing schedule may 419
not be modified without a showing of a substantial and, 420
material, and unanticipated change in circumstances and a 421
determination that the modification is in the best interests of 422
the child. If the parents of a child are residing greater than 423
50 miles apart at the time of the entry of the last order 424
establishing time sharing and a parent moves within 50 miles of 425
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the other parent, then that move may be considered a substantial 426
and material change in circumstances for the purpose of a 427
modification to the time -sharing schedule, so long as there is a 428
determination that the modification is in the best interests of 429
the child. Determination of the best interests of the child must 430
shall be made by evaluating all of the factors affecting the 431
welfare and interests of the particular minor child and the 432
circumstances of that family, including, but not limited to: 433
(a) The demonstrated capacity and disposition of each 434
parent to facilitate and encourage a close and continuing 435
parent-child relationship, to honor the time -sharing schedule, 436
and to be reasonable when changes are required. 437
(b) The anticipated division of parental responsibilities 438
after the litigation, including the extent to which parental 439
responsibilities will be delegated to third parties. 440
(c) The demonstrated capacity and disposition of each 441
parent to determine, consider, and act upon the needs of the 442
child as opposed to the needs or desires of the parent. 443
(d) The length of time the c hild has lived in a stable, 444
satisfactory environment and the desirability of maintaining 445
continuity. 446
(e) The geographic viability of the parenting plan, with 447
special attention paid to the needs of school -age children and 448
the amount of time to be spent tr aveling to effectuate the 449
parenting plan. This factor does not create a presumption for or 450
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against relocation of either parent with a child. 451
(f) The moral fitness of the parents. 452
(g) The mental and physical health of the parents. 453
(h) The home, school, and community record of the child. 454
(i) The reasonable preference of the child, if the court 455
deems the child to be of sufficient intelligence, understanding, 456
and experience to express a preference. 457
(j) The demonstrated knowledge, capacity, and d isposition 458
of each parent to be informed of the circumstances of the minor 459
child, including, but not limited to, the child's friends, 460
teachers, medical care providers, daily activities, and favorite 461
things. 462
(k) The demonstrated capacity and disposition o f each 463
parent to provide a consistent routine for the child, such as 464
discipline, and daily schedules for homework, meals, and 465
bedtime. 466
(l) The demonstrated capacity of each parent to 467
communicate with and keep the other parent informed of issues 468
and activities regarding the minor child, and the willingness of 469
each parent to adopt a unified front on all major issues when 470
dealing with the child. 471
(m) Evidence of domestic violence, sexual violence, child 472
abuse, child abandonment, or child neglect, regardless of 473
whether a prior or pending action relating to those issues has 474
been brought. If the court accepts evidence of prior or pending 475
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actions regarding domestic violence, sexual violence, child 476
abuse, child abandonment, or child neglect, the court must 477
specifically acknowledge in writing that such evidence was 478
considered when evaluating the best interests of the child. 479
(n) Evidence that either parent has knowingly provided 480
false information to the court regarding any prior or pending 481
action regarding domesti c violence, sexual violence, child 482
abuse, child abandonment, or child neglect. 483
(o) The particular parenting tasks customarily performed 484
by each parent and the division of parental responsibilities 485
before the institution of litigation and during the pendi ng 486
litigation, including the extent to which parenting 487
responsibilities were undertaken by third parties. 488
(p) The demonstrated capacity and disposition of each 489
parent to participate and be involved in the child's school and 490
extracurricular activities. 491
(q) The demonstrated capacity and disposition of each 492
parent to maintain an environment for the child which is free 493
from substance abuse. 494
(r) The capacity and disposition of each parent to protect 495
the child from the ongoing litigation as demonstrated by not 496
discussing the litigation with the child, not sharing documents 497
or electronic media related to the litigation with the child, 498
and refraining from disparaging comments about the other parent 499
to the child. 500
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(s) The developmental stages and needs of the child and 501
the demonstrated capacity and disposition of each parent to meet 502
the child's developmental needs. 503
(t) Any other factor that is relevant to the determination 504
of a specific parenting plan, including the time -sharing 505
schedule. 506
Section 3. Present paragraphs (c) and (d) of subsection 507
(1) of section 61.14, Florida Statutes, are redesignated as 508
paragraphs (d) and (e), respectively, a new paragraph (c) is 509
added to that subsection, and paragraph (b) of that subsection 510
is amended, to read: 511
61.14 Enforcement and modification of support, 512
maintenance, or alimony agreements or orders. — 513
(1) 514
(b)1. The court must may reduce or terminate an award of 515
support, maintenance, or alimony upon specific written findings 516
by the court that since the granting of a d ivorce and the award 517
of alimony a supportive relationship has existed between the 518
obligee and a person who is not related to the obligee by 519
consanguinity or affinity with whom the obligee resides . On the 520
issue of whether alimony should be reduced or termin ated under 521
this paragraph, the burden is on the obligor to prove by a 522
preponderance of the evidence that a supportive relationship 523
exists. 524
2. In determining the nature of the relationship between 525
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an obligee and another person and the extent to which an whether 526
an existing award of support, maintenance, or alimony should be 527
reduced or terminated because of the existence of a an alleged 528
supportive relationship between an obligee and a person who is 529
not related by consanguinity or affinity , the court shall make 530
written findings of fact and with whom the obligee resides, the 531
court shall elicit the nature and extent of the relationship in 532
question. The burden is on the obligor to prove, by a 533
preponderance of the evidence, that a supportive relationship 534
exists or has existed in the 365 days before the filing of the 535
petition for dissolution of marriage, separate maintenance, or 536
supplemental petition for modification. If a supportive 537
relationship is proven to exist or to have existed, the burden 538
shifts to the obligee to prove, by a preponderance of the 539
evidence, that the court should not deny or reduce an initial 540
award of support, maintenance, or alimony or reduce or terminate 541
an existing award of support, maintenance, or alimony. The court 542
shall consider and make written findings of fact regarding all 543
relevant facts in s. 61.08(3) and give consideration, without 544
limitation, to circumstances, including, but not limited to, the 545
following additional factors, in determining the relationship of 546
an obligee to another pers on: 547
a. The extent to which the obligee and the other person 548
have held themselves out as a married couple by engaging in 549
conduct such as using the same last name, using a common mailing 550
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address, referring to each other in terms such as "my husband" 551
or "my wife," or otherwise conducting themselves in a manner 552
that evidences a permanent supportive relationship. 553
b. The period of time that the obligee has resided with 554
the other person in a permanent place of abode . 555
c. The extent to which the obligee and th e other person 556
have pooled their assets or income , acquired or maintained a 557
joint bank account or other financial accounts, or otherwise 558
exhibited financial interdependence. 559
d. The extent to which the obligee or the other person has 560
financially supported the other, in whole or in part , including 561
payment of the other's debts, expenses, or liabilities . 562
e. The extent to which the obligee or the other person has 563
performed valuable services for the other. 564
f. The extent to which the obligee or the other per son has 565
performed valuable services for the other's business entity 566
company or employer. 567
g. The extent to which Whether the obligee and the other 568
person have worked together to acquire any assets create or to 569
enhance the anything of value of any assets. 570
h. The extent to which Whether the obligee and the other 571
person have jointly contributed to the purchase of any real or 572
personal property. 573
i. The extent to which Evidence in support of a claim that 574
the obligee and the other person have an express or implied 575
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agreement regarding property sharing or financial support. 576
j. The extent to which the obligor has paid the existing 577
alimony award or failed to do so and the existence and amount of 578
any arrearage Evidence in support of a claim that the obligee 579
and the other person have an implied agreement regarding 580
property sharing or support . 581
k. The extent to which Whether the obligee and the other 582
person have provided support to the children or other family 583
members of one another, regardless of any legal duty to do so. 584
3. This paragraph does not abrogate the requirement that 585
every marriage in this state be solemnized under a license, does 586
not recognize a common law marriage as valid, and does not 587
recognize a de facto marriage. This paragraph recognizes only 588
that relationships do exist that provide financial or economic 589
support equivalent to a marriage and that support, maintenance, 590
or alimony must be modified or terminated if such a relationship 591
is proven to exist terminable on remarriage may be reduced or 592
terminated upon the establishment of equivalent equitable 593
circumstances as described in this paragraph . The existence of a 594
conjugal relationship , though it may be relevant to the nature 595
and extent of the relations hip, is not necessary for the 596
application of the provisions of this paragraph. 597
(c)1. The court may reduce or terminate an award of 598
support, maintenance, or alimony upon specific, written findings 599
of fact that the obligor has reached normal retirement age as 600
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defined by the Social Security Administration or the customary 601
retirement age for his or her profession and that the obligor 602
has taken demonstrative and measurable efforts or actions to 603
retire or has actually retired. The burden is on the obligor to 604
prove, by a preponderance of the evidence, that his or her 605
retirement reduces his or her ability to pay support, 606
maintenance, or alimony. If the court determines that the 607
obligor's retirement has reduced or will reduce the obligor's 608
ability to pay, the burde n shifts to the obligee to prove, by a 609
preponderance of the evidence, that the obligor's support, 610
maintenance, or alimony obligation should not be terminated or 611
reduced. 612
2. In determining whether an award of support, 613
maintenance, or alimony should be red uced or terminated because 614
of the obligor's voluntary retirement, the court shall give 615
consideration to, and make written findings of fact regarding 616
the following factors: 617
a. The age and health of the obligor. 618
b. The nature and type of work performed b y the obligor. 619
c. The customary age of retirement in the obligor's 620
profession. 621
d. The obligor's motivation for retirement and likelihood 622
of returning to work. 623
e. The needs of the obligee and the ability of the obligee 624
to contribute toward his or her own basic needs. 625
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f. The economic impact that a termination or reduction of 626
alimony would have on the obligee. 627
g. All assets of the obligee and the obligor accumulated 628
or acquired prior to the marriage, during the marriage, or 629
following the entry of the final judgment as well as the obligor 630
and obligee's respective roles in the wasteful depletion of any 631
marital assets received by him or her at the time of the entry 632
of the final judgment. 633
h. The income of the obligee and the obligor earned during 634
the marriage or following the entry of the final judgment. 635
i. The social security benefits, retirement plan benefits, 636
or pension benefits payable to the obligor and the obligee 637
following the final judgment of dissolution. 638
j. The obligor's compliance, in whol e or in part, with the 639
existing alimony obligation. 640
3. In reasonable anticipation of retirement, but not more 641
than 6 months before retirement, the obligor may file a petition 642
for modification of his or her support, maintenance, or alimony 643
obligation, which shall be effective upon his or her reasonable 644
and voluntary retirement as determined by the court pursuant to 645
the factors in subparagraph 2. The court shall give 646
consideration to, and make written findings of fact regarding, 647
the factors in subparagraph 2. and s. 61.08(3) when granting or 648
denying the obligor's petition for modification; when 649
confirming, reducing, or terminating the obligor's alimony 650
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obligation; and when granting or denying any request for 651
modification, the date of filing of the obligor's modification 652
petition, or other date post -filing as equity requires, giving 653
due regard and consideration to the changed circumstances or the 654
financial ability of the parties. 655
Section 4. Paragraph (f) of subsection (3) of section 656
741.0306, Florida Statu tes, is amended to read: 657
741.0306 Creation of a family law handbook. — 658
(3) The information contained in the handbook or other 659
electronic media presentation may be reviewed and updated 660
annually, and may include, but need not be limited to: 661
(f) Alimony, including temporary, durational, permanent 662
rehabilitative, and lump sum. 663
Section 5. This act shall take effect July 1, 2023. 664