Bill > H1395

Introduced Session

An act relating to dissolution of marriage; amending s. 61.046, F.S.; defining the term "active gross income"; revising the definition of the term "income"; amending s. 61.08, F.S.; defining terms; requiring the court to make certain written findings in its awards of alimony; limiting the court's ability to award a combination of forms of alimony to only certain circumstances; removing the court's ability to consider adultery of either spouse in determining the amount of an alimony award; requiring the court to make certain written findings; revising factors that the court must consider in determining the proper type and amount of alimony; removing the court's ability to order an obligor to purchase or maintain a life insurance policy or other instrument to secure an alimony award; authorizing a party to whom the court has awarded alimony to purchase or maintain a life insurance policy on the obligor's life to protect an award of alimony; requiring the obligor to cooperate in the process of procuring the life insurance policy; modifying certain rebuttable presumptions related to the length of a marriage for purposes of determining alimony; prohibiting the length of an award of rehabilitative alimony from exceeding a specified timeframe; revising a provision authorizing the modification of rehabilitative alimony upon completion of the rehabilitative plan to include a certain condition; revising provisions related to durational alimony; prohibiting the length of an award of durational alimony from exceeding specified timeframes; authorizing the court to extend durational alimony under certain circumstances; specifying what constitutes the length of a marriage for the purpose of determining durational alimony; requiring the court to make certain written findings when awarding durational alimony; providing a formula for the calculation of durational alimony; requiring the court to reduce the length of an award of durational alimony based on certain payments made by the obligor; requiring the court to consider specified factors when determining an alimony award involving the existence of a supportive relationship between the obligee and another person; providing for the burden of proof in such determinations; requiring the court to make certain written findings in such determinations; providing for the termination of a durational alimony award upon retirement of the obligor under certain circumstances; providing an exception; providing that a party who has reached full retirement age before adjudication of a petition for dissolution of marriage may not be ordered to pay alimony; providing exceptions; prohibiting alimony from being awarded to a party who has a certain monthly net income; prohibiting social security retirement benefits from being imputed to the obligor; providing an exception; requiring an obligee to meet certain requirements if he or she alleges that a physical disability has impaired his or her ability to earn income; removing the court's ability to grant permanent alimony; providing applicability; amending s. 61.13, F.S.; creating a presumption that equal time-sharing is in the best interests of a minor child; providing an exception; creating a presumption for purposes of modifying a parenting plan or time-sharing schedule; amending s. 61.14, F.S.; authorizing the court to order an obligee to reimburse alimony payments to the obligor under certain circumstances; specifying a timeframe for the court to consider a supportive relationship between the obligee and another person for purposes of reducing or terminating an award of alimony or ordering reimbursement of alimony payments; providing for the burden of proof in such determinations; revising factors the court may consider when determining whether a supportive relationship exists or existed between the obligee and another person; requiring the court to make written findings related to such factors; providing that an obligor's subsequent remarriage or cohabitation is not a basis for modification of alimony; authorizing an obligor to file a notice of retirement and intent to terminate alimony within a specified timeframe before such retirement; providing notice and response requirements; requiring the court to make written findings regarding specified factors when deciding whether to reduce the amount or duration of alimony; providing for the reduction and termination of alimony within specified timeframes under certain circumstances; authorizing the court to extend durational alimony beyond an obligor's full retirement age or reasonable retirement age for his or her profession or line of work under certain circumstances, notwithstanding its other findings; authorizing the court to terminate an alimony obligation if the obligor retires at a reasonable age for his or her profession or line of work or is older than his or her full retirement age; requiring the court to consider certain factors in determining whether the obligor's retirement is reasonable; authorizing an obligor to prospectively file a petition for modification or termination of alimony effective upon his or her retirement; requiring a court to modify or terminate an alimony award upon retirement of the obligor; providing an exception; providing that certain benefits of the obligee constitute a change in circumstances for which an obligor may seek modification of an alimony award; providing that certain agreements on alimony payments are considered expressly modifiable or eligible for termination under certain circumstances; amending s. 61.19, F.S.; requiring the court to grant, upon request of either party, a final judgment of dissolution of marriage and reserve jurisdiction to adjudicate other substantive issues under certain circumstances; requiring the court to enter temporary orders necessary to protect the parties and their children, if any; providing that such temporary orders are effective until all other issues are adjudicated by the court; providing applicability; providing an effective date.

AI Summary

Committee Categories

Jenna Persons-Mulicka (R)*,  Alex Andrade (R),  Stan McClain (R),  Spencer Roach (R), 

Other Sponsors (2)

Laid on Table, refer to CS/CS/SB 1796 (on 03/08/2022)

Official Document