The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/SB 1922
INTRODUCER: Judiciary Committee; Senators Gruters and Hooper
SUBJECT: Dissolution of Marriage
DATE: April 19, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Bond Cibula JU Fav/CS
2. Bond Phelps RC Pre-meeting
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Technical Changes
I. Summary:
CS/SB 1922 amends family law issues related to alimony, timesharing between parents of a
minor child, and bifurcation of a dissolution of marriage case.
Significant changes to alimony law include:
Permanent (lifetime) alimony is eliminated, leaving bridge-the-gap, rehabilitative, and
durational forms of alimony.
The criteria for determining any form of alimony is expanded to include a presumption that
both parties will have a lower standard of living post-dissolution.
A court may not require an obligor to purchase life insurance to secure the award of alimony.
However, an obligor must cooperate with an obligee’s application for life insurance on the
obligor.
The characterization of a marriage as either short-term, moderate-term, or long-term is
repealed. The related presumptions regarding alimony appropriate to the term of the marriage
are also repealed.
Rehabilitative alimony is limited to the lesser of 5 years or 50 percent of the term of the
marriage.
Durational alimony terminates upon a showing that the obligee is in a supportive
relationship.
Durational alimony is limited in time to 50 percent of the term of the marriage, may only be
awarded where other forms of alimony are insufficient, and is limited in amount to no more
than 25 percent of the difference between the parties’ net incomes.
BILL: CS/SB 1922 Page 2
No alimony may be awarded to a party who has a net income that is equal to or more than the
other party’s net income.
For purposes of determining alimony, VA disability benefits, and state reemployment
assistance or unemployment compensation, are not considered income.
A divorcing spouse who has reasonably retired cannot be ordered to pay alimony unless the
other spouse is too young for Social Security retirement benefits and qualifies for the
medically needy program.
An existing alimony award may be modified or terminated upon early retirement if such
retirement is reasonable.
An existing alimony award terminates when the obligor reaches the Social Security full
retirement age, unless durational alimony has been paid for less than 50 percent of the term
of the marriage, the obligee is too young for Social Security retirement benefits, and the
obligee qualifies for the medically needy program.
A petition for modification or termination in anticipation of retirement may be filed up to
12 months prior to the planned retirement date.
The concept of a supportive relationship is expanded to allow proof of a recent supportive
relationship and a corresponding right to seek reimbursement of alimony paid. The
description of a supportive relationship is expanded by repeal of the requirement to show
cohabitation and by adding engagement to be married to another as proof towards a finding
of a supportive relationship.
Timesharing with minor children is changed by creation of a presumption in favor of equal
time-sharing between parents.
Bifurcation refers to the process where the court dissolves the marriage, reserving other matters
such as property distribution, alimony, timesharing, and child support for future court action. The
bill gives either party to a dissolution of marriage the right to bifurcation if the case has been
pending for longer than one year from the date the respondent received the summons.
The bill is effective July 1, 2021. Changes to alimony apply to existing cases on the effective
date. Changes to timesharing and bifurcation apply to cases filed on or after the effective date.
II. Present Situation:
Dissolution of marriage may involve many different but related matters. Three matters related to
dissolution addressed by this bill are alimony, timesharing with children, and bifurcation. Note
that the timesharing changes also affect parents who never married.
Alimony
Alimony is a court-ordered allowance that one spouse pays to the other spouse for maintenance
and support while they are separated, while they are involved in a matrimonial lawsuit, or after
they are divorced.1 Alimony may be agreed to by the parties or awarded by the court after an
evidentiary hearing. While child support is determined primarily through a statutory formula,
alimony is determined at the discretion of the trial court based on statutory and equitable factors.
1
Alimony, BLACK’S LAW DICTIONARY (11th ed. 2019).
BILL: CS/SB 1922 Page 3
Calculation of the Amount of Alimony
There is no fixed formula for alimony. Alimony is based on both financial need and the ability to
pay.2 After making an initial determination to award alimony, the court must consider ten
factors:
The standard of living established during the marriage.
The length of marriage.
Ages and physical and emotional condition of the parties.
Financial resources of the parties.
Earning capacity, education level, vocational skill, and employability of the parties.
Marital contributions, including homemaking, child care, and education and career building
of the other party.
Responsibilities of each party towards minor children.
Tax treatment and consequences of alimony awards.
All sources of income.
Any other factor that advances equity and justice.3
The income tax factor has less relevance than in the past. Beginning January 1, 2019, alimony or
separate maintenance payments are not deductible from the income of the obligor, or includable
in the income of the obligee, if made under a divorce or separation agreement executed after
December 31, 2018. This also applies to a divorce or separation agreement executed on or before
December 31, 2018, and modified after December 31, 2018, as long as the modification changes
the terms of the alimony or separate maintenance payments and states that the alimony or
separate maintenance payments are not deductible by the obligor or includable in the income of
the obligee. On the other hand, alimony or separate maintenance payments are generally
deductible from the income of the obligor and includable in the income of the obligee, if made
under a divorce or separation agreement executed on or before December 31, 2018, even if the
agreement was modified after December 31, 2018, so long as the modification is not one
described in the preceding sentence.4
The court may also consider adultery by either spouse in a decision to award alimony.5 That
consideration is dependent upon the circumstances of each particular case. Absent a showing of a
related depletion of marital assets, a party’s adulterous misconduct is not a valid reason to award
a greater share of those marital assets to the innocent spouse or to deny the adulterous spouse
alimony. Furthermore, despite evidence of adultery, need and ability to pay remain the primary
considerations in awarding alimony.6
To protect an alimony award, the court may order an obligor to maintain a life insurance policy.7
A court making the requirement must first make specific findings regarding the availability and
2
Section 61.08(2), F.S.
3 Section 61.08(2)(a)-(j), F.S.
4 IRS, CLARIFICATION: Changes to deduction for certain alimony payments effective in 2019 (March 3, 2021) available at
https://www.irs.gov/forms-pubs/clarification-changes-to-deduction-for-certain-alimony-payments-effective-in-2019 (last viewed
March 13, 2021).
5
Section 61.08(1), F.S.
6
Williamson v. Williamson, 367 So. 2d 1016, 1019 (Fla.1979); Noah v. Noah, 491 So. 2d 1124, 1127 (Fla. 1986); Keyser v. Keyser, 204
So. 3d 159, 161 (Fla. 1st DCA 2016).
7
Section 61.08(3), F.S.
BILL: CS/SB 1922 Page 4
cost of insurance, the obligor’s ability to pay, and the special circumstances that warrant the
requirement for security of the obligation.8 The special circumstances required to support an
order mandating life insurance include “a spouse potentially left in dire financial straits after the
death of the obligor spouse due to age, ill health and/or lack of employment skills, obligor spouse
in poor health, minors living at home, supported spouse with limited earning capacity, obligor
spouse in arrears on support obligations, and cases where the obligor spouse agreed on the record
to secure an award with a life insurance policy.”9
An award of alimony may not result in the obligor with significantly less net income than the net
income of the obligee absent exceptional circumstances.10 What qualifies as exceptional
circumstances is undefined.
Types of Alimony
For purposes of determining the appropriate type of alimony to award, marriages are classified
by term or length of marriage, based on the time from the date of marriage to the date the
dissolution of marriage action was filed:
Short term means less than 7 years.
Moderate-term means greater than 7 years but less than 17 years.
Long-term means greater than 17 years.11
Florida law recognizes various forms of alimony, including bridge-the-gap, rehabilitative,
durational, and permanent periodic alimony.12
Bridge-the-gap alimony:13
Is designed to assist a party in his or her transition from being married to being single.
May be awarded in a marriage of any term.
Cannot exceed 2 years in duration.
May not be modified.
Terminates upon death or remarriage.
Rehabilitative alimony:14
Is designed to assist a party in establishing the capacity for self-support through either the
redevelopment of previous skills or credentials; or the acquisition of education, training, or
work experience necessary to develop appropriate employment skills or credentials.
May be awarded in a marriage of any term.
Can be of any duration.
May be modified based upon a substantial change in circumstances, upon noncompliance
with the rehabilitative plan, or upon completion of the rehabilitative plan.
Does not automatically terminate upon remarriage.
8
O’Neill v. O’Neill, 305 So. 3d 551, 554 (Fla. 4th DCA 2020).
9 Kotlarz v. Kotlarz, 21 So. 3d 892, 893 (Fla. 1st DCA 2009).
10 Section 61.08(9), F.S.
11 Section 61.08(4), F.S. This triad was first enacted in 2010. Ch. 2010-199, Laws of Fla.
12 Section 61.08(1), F.S.
13 Section 61.08(5), F.S.
14 Section 61.08(6), F.S.
BILL: CS/SB 1922 Page 5
Durational alimony:15
Is designed to provide a party with economic assistance for a set period of time.
May be awarded following a marriage of short or moderate duration, or following a marriage
of long duration if there is no ongoing need for support on a permanent basis.
May not exceed the length of the marriage.
May be modified as to amount, based upon a substantial change in circumstances; but the
length may not be modified except under exceptional circumstances.
Terminates upon the death of either party or upon the remarriage of the party receiving
alimony.
Permanent alimony:16
Is designed to provide for the needs and necessities of life as they were established during the
marriage of the parties for a party who lacks the financial ability to meet his or her needs and
necessities of life following a dissolution of marriage.
May be awarded only after a finding that no other form of alimony is fair and reasonable
under the circumstances of the parties, following a marriage of:
o Long duration, if such an award is appropriate upon consideration of the ten factors by a
preponderance of the evidence;
o Moderate duration, if such an award is appropriate based upon clear and convincing
evidence after consideration of the 10 factors; or
o Short duration, if there are written findings of exceptional circumstances.
Is not for a fixed period of time.
May be modified or terminated based upon a substantial change in circumstances or upon the
existence of a supportive relationship.
Terminates upon the death of either party or upon the remarriage of the party receiving
alimony.
Substantial Change in Circumstances
Where allowed, either party may seek modification of an alimony award on the grounds of a
substantial change in circumstances.17 To obtain a modification of alimony, the party seeking
modification must allege, and the trial court must find, that:
There has been a substantial change in circumstances.
The change was not contemplated at the time of the final judgment of dissolution.
The change is sufficient, material, permanent, and involuntary.18
The court may modify support retroactively to the date of the filing of the motion.19
Supportive Relationship
To avoid losing alimony because of remarriage, it was once common to simply “live with”
someone. Today, the existence of a supportive relationship between the obligee and a third party
15
Section 61.08(7), F.S.
16
Section 61.08(8), F.S.
17
Section 61.14(1)(a), F.S.
18
Golson v. Golson, 207 So. 3d 321, 325 (Fla. 5th DCA 2016).
19
Section 61.14(1)(a), F.S.
BILL: CS/SB 1922 Page 6
may be a substantial change in circumstances that warrants a modification of alimony. To
modify alimony on an assertion of cohabitation between the obligee and a third party, the court
must find:
The existence of a supportive relationship between the obligee and a third party; and
That the obligee lives with the third party.
To determine whether a relationship is supportive, the court will examine:
The extent to which the obligee and the third party hold themselves out as a married couple;
The length of time that the third party has resided with the obligee;
Whether the obligee and the third party have jointly purchased property;
The extent to which the obligee and third party commingle financial assets; and
The extent to which one of the parties supports the other party.20
The burden is on the obligor to show by a preponderance of evidence that a supportive
relationship exists.21
Retirement
Voluntary retirement may qualify as a substantial change in circumstances that warrants a
modification of alimony. It is an exception to the general rule that a substantial change in
circumstances must result from an involuntary action. Retirement as a substantial change in
circumstances is not addressed in statute. The leading case in this area ruled:
In determining whether a voluntary retirement is reasonable, the court must
consider the payor’s age, health, and motivation for retirement, as well as
the type of work the payor performs and the age at which others engaged in
that line of work normally retire. . . . [A] payor spouse should not be
permitted to unilaterally choose voluntary retirement if this choice places
the receiving spouse in peril of poverty. Thus, the court should consider the
needs of the receiving spouse and the impact a termination or reduction of
alimony would have on him or her. In assessing those needs, the court
should consider any assets which the receiving spouse has accumulated or
received since the final judgment as well as any income generated by those
assets.22
An obligor looking into voluntary retirement in the