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Key Votes

HB 549 - Amends Alimony Provisions - Key Vote

Florida Key Votes

Carlos Trujillo voted Yea (Passage) on this Legislation.

Read statements Carlos Trujillo made in this general time period.

Stages

Family

Issues

Stage Details

Legislation - Referred to Committee (Senate) -
Legislation - Bill Passed (House) (83-30) - (Key vote)

Title: Amends Alimony Provisions

Vote Smart's Synopsis:

Vote to pass a bill that amends alimony provisions, effective July 1, 2012.

Highlights:
  • Repeals the authorization for courts to grant permanent alimony to a spouse (Sec. 1).
  • Requires that adultery only be considered in the amount of alimony to be awarded if the adultery caused a significant reduction in the material assets or income of a spouse (Sec. 1).
  • Requires the court, when determining alimony payments to a spouse, to consider the following factors (Sec. 1):
    • The standard of living established during the marriage and the standard of living after the application of alimony;
    • The duration of the marriage;
    • The age and physical and emotional condition of each party;
    • Financial resources of each party, including non marital assets used during the marriage;
    • Educational level, vocational skill, and “employability” of each party;
    • The contribution of each party to the marriage, including, but not limited to, homemaking, education and career building, and child care;
    • The responsibility of each party to any minor children; and
    • All sources of income acquired during the marriage that is available to each party.
  • Prohibits an award of alimony that reduces the payer's net income or standard of living to less than the recipient's net income or standard of living unless there are written findings of exceptional circumstances (Sec. 1).
  • Requires the court to provide written findings that established the approval of alimony duration more than 50 percent of the length of the marriage (Sec. 1).
  • Amends the definitions of short-term, moderate-term, and long-term marriage to the following durations (Sec. 1):
    • A short-term marriage is equal to, or less than, 7 years;
    • A moderate-term marriage is between 7 years and 20 years; and
    • A long-term marriage is more than 20 years.
  • Prohibits the reinstatement of any alimony that was terminated based on the existence of a “supportive relationship” (Sec. 2).
  • Exempts a new spouse or partner’s income and assets from being considered in the modification of  the payer's alimony payments (Sec. 2). 
  • Authorizes the modification or termination of alimony payments if the payer retires or plans to retire and has reached a “reasonable” retirement age for his or her profession (Sec. 2).
  • Authorizes a court to establish temporary orders prior to dissolving a marriage that include, but are not limited to, the following (Sec. 3):
    • Limit the sale of property;
    • Preserve marital assets;
    • Establish temporary support; and
    • Provide for maintenance of health and life insurance.
Note:

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

Legislation - Introduced (House) -

Title: Amends Alimony Provisions

Sponsors

Co-sponsors

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