A bill that would legalize same-sex marriage in Maryland was approved by the state Senate, which advanced a measure that narrowly cleared the House of Delegates last week.

The final vote by the state Senate ended a yearlong drama in Annapolis over the legislation, and marked the first time an East Coast state south of the Mason-Dixon line has supported gay nuptials.

With the vote, the measure moves to Gov. Martin O’Malley (D), who has said he will sign it.

Though Florida does not recognize gay marriage, several months back I wrote an article regarding steps you can take to protect you and your partner.

Adam B. Cordover is a Florida family law attorney who practices in Hillsborough, Pinellas, Pasco, Polk, Hernando, Sarasota, and Manatee counties. To schedule a consultation and learn more about your options, contact The Law Firm of Adam B. Cordover, P.A., at 813-443-0615, or fill out our contact form.

An act relating to dissolution of marriage; amending s. 61.08, F.S.; revising the factors to be considered for alimony awards, including adultery; requiring a court to make certain written findings concerning alimony; providing that if the court orders a party to provide security to protect an award of alimony, the court may so order only upon a showing of special circumstances; requiring that the court make specific evidentiary findings regarding the availability, cost, and financial impact on the obligated party to support the award of security; revising provisions for an award of durational alimony; redesignating permanent alimony as long-term alimony and revising provisions relating to its award; amending s. 61.14, F.S.; prohibiting a court from reserving jurisdiction to reinstate an alimony award if a supportive relationship ends; providing that a modification or termination of an alimony award is retroactive to the date of filing; requiring the court to consider certain specified factors in determining if the obligor’s retirement is reasonable; amending s. 61.19, F.S.; prohibiting the court from granting a final dissolution of marriage with a reservation of jurisdiction during the first 180 days after the date of service of the original petition for dissolution of marriage to subsequently determine all other substantive issues except in exceptional circumstances; authorizing the court to grant a final dissolution of marriage with a reservation of jurisdiction to subsequently determine all other substantive issues only if the court enters such other temporary orders as are necessary to protect the interests of the parties and their children; providing circumstances in which the court is not required to enter a temporary order; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 61.08, Florida Statutes, is amended to read:

61.08 Alimony.—

(1) In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge the-gap, rehabilitative, durational, or long-termpermanent in nature or any combination of these forms of alimony where appropriate. In any award of alimony, the court may order periodic payments or payments in lump sum or both. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded to the extent that the adultery caused a significant depletion in the marital assets or caused a significant reduction in the income of a party. In all dissolution actions, the court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony.

(2) In determining whether to award alimony or maintenance, the court shall first make, in writing, a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance. If the court finds that a party has a need for alimony or maintenance and that the other party has the ability to pay alimony or maintenance, then in determining the proper type and amount of alimony or maintenance under subsections (5)-(8), the court shall consider and make written findings regarding all relevant factors, including, butnot limited to:

(a) The standard of living established during the marriage.

(b) The duration of the marriage.

(c) The age and the physical and emotional condition of each party.

(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.

(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.

(g) The responsibilities each party will have with regard to any minor children the partiesthey have in common.

(h) The tax treatment and consequences to both parties of any alimony award, which may include the designation of all or aportion of the payment as nontaxable to the recipient and nondeductible to the payorincluding the designation of all or aportion of the payment as a nontaxable, nondeductible payment.

(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.

(j) The net income available to each party after the application of the alimony award.

(k)(j) Any other factor necessary to do equity and justice between the parties, if that factor is specifically identified in the award along with findings of fact justifying the application of the factor.

(3) To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets which may be suitable for that purpose in an amount adequate to secure the alimony award. Such security may be awarded only upon a showing of special circumstances. If the court finds special circumstances and awards such security, the court shall make specific evidentiary findings regarding the availability, cost,and financial impact on the obligated party. Any security may be modifiable if the underlying alimony award is modified.

(4) For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 7 years, a moderate-term marriage is a marriage having a duration of greater than 7 years orgreater but less than 17 years, and long-term marriage is a marriage having a duration of 17 years or greater. The length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage.

(5) Bridge-the-gap alimony may be awarded to assist a party by providing support to allow the party to make a transition from being married to being single. Bridge-the-gap alimony is designed to assist a party with legitimate identifiable short term needs, and the length of an award may not exceed 2 years. An award of bridge-the-gap alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award of bridge-the-gap alimony shall not be modifiable in amount or duration.

(6)(a) Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support through either:

1. The redevelopment of previous skills or credentials; or

2. The acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials.

(b) In order to award rehabilitative alimony, there must be a specific and defined rehabilitative plan which shall be included as a part of any order awarding rehabilitative alimony.

(c) An award of rehabilitative alimony may be modified or terminated in accordance with s. 61.14 based upon a substantial change in circumstances, upon noncompliance with the rehabilitative plan, or upon completion of the rehabilitative plan.

(7) Durational alimony may be awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide a party with economic assistance for a set period of time 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 long-termpermanent basis as provided in subsection (8). An award of durational alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances in accordance with s. 61.14. However, The length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage.

(8) Long-termPermanent alimony may be awarded 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. Long-termPermanent alimony may be awarded following a marriage of long duration if such an award is appropriate upon consideration of the factors set forth in subsection (2), following a marriage of moderate duration if such an award is appropriate based upon clear and convincing evidence after consideration of the factors set forth in subsection (2), or following a marriage of short duration if there are written findings of exceptional circumstances. In awarding long-termpermanent alimony, the court shall include findingsa finding that no other form of alimony will provide for the needs and necessities of life of the recipient as established during the marriage of the parties and that no other form is fair and reasonable under the circumstances of the parties. An award of long-termpermanent alimony remains payable untilterminates upon the death of either party or upon the remarriage of the party receiving alimony. An award may be modified or terminated based upon a substantial change in circumstances or upon the existence of a supportive relationship in accordance with s. 61.14.

(9) The award of alimony may not leave the payor with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances.

(10)(a) With respect to any order requiring the payment of alimony entered on or after January 1, 1985, unless theprovisions of paragraph (c) or paragraph (d) appliesapply, the court shall direct in the order that the payments of alimony be made through the appropriate depository as provided in s. 61.181.

(b) With respect to any order requiring the payment of alimony entered before January 1, 1985, upon the subsequent appearance, on or after that date, of one or both parties before the court having jurisdiction for the purpose of modifying or enforcing the order or in any other proceeding related to the order, or upon the application of either party, unless theprovisions of paragraph (c) or paragraph (d) appliesapply, the court shall modify the terms of the order as necessary to direct that payments of alimony be made through the appropriate depository as provided in s. 61.181.

(c) If there is no minor child, alimony payments need not be directed through the depository.

(d)1. If there is a minor child of the parties and both parties so request, the court may order that alimony payments need not be directed through the depository. In this case, the order of support shall provide, or be deemed to provide, that either party may subsequently apply to the depository to require that payments be made through the depository. The court shall provide a copy of the order to the depository.

2. If the provisions of subparagraph 1. appliesapply, either party may subsequently file with the depository an affidavit alleging default or arrearages in payment and stating that the party wishes to initiate participation in the depository program. The party shall provide copies of the affidavit to the court and the other party or parties. Fifteen days after receipt of the affidavit, the depository shall notify all parties that future payments shall be directed to the depository.

3. In IV-D cases, the IV-D agency shall have the same rights as the obligee in requesting that payments be made through the depository.

Section 2. Paragraph (b) of subsection (1) of section 61.14, Florida Statutes, is amended, and subsection (12) is added to that section, to read:

61.14 Enforcement and modification of support, maintenance, or alimony agreements or orders.—

(1)

(b)1. The court may reduce or terminate an award of alimony upon specific written findings by the court that since the granting of a divorce and the award of alimony a supportive relationship has existed between the obligee and a person with whom the obligee resides. On the issue of whether alimony should be reduced or terminated under this paragraph, the burden is on the obligor to prove by a preponderance of the evidence that a supportive relationship exists.

2. In determining whether an existing award of alimony should be reduced or terminated because of an alleged supportive relationship between an obligee and a person who is not related by consanguinity or affinity and with whom the obligee resides, the court shall elicit the nature and extent of the relationship in question. The court shall give consideration, without limitation, to circumstances, including, but not limited to, the following, in determining the relationship of an obligee to another person:

a. The extent to which the obligee and the other person have held themselves out as a married couple by engaging in conduct such as using the same last name, using a common mailing address, referring to each other in terms such as “my husband” or “my wife,” or otherwise conducting themselves in a manner that evidences a permanent supportive relationship.

b. The period of time that the obligee has resided with the other person in a permanent place of abode.

c. The extent to which the obligee and the other person have pooled their assets or income or otherwise exhibited financial interdependence.

d. The extent to which the obligee or the other person has supported the other, in whole or in part.

e. The extent to which the obligee or the other person has performed valuable services for the other.

f. The extent to which the obligee or the other person has performed valuable services for the other’s company or employer.

g. Whether the obligee and the other person have worked together to create or enhance anything of value.

h. Whether the obligee and the other person have jointly contributed to the purchase of any real or personal property.

i. Evidence in support of a claim that the obligee and the other person have an express agreement regarding property sharing or support.

j. Evidence in support of a claim that the obligee and the other person have an implied agreement regarding property sharing or support.

k. Whether the obligee and the other person have provided support to the children of one another, regardless of any legal duty to do so.

3. This paragraph does not abrogate the requirement that every marriage in this state be solemnized under a license, does not recognize a common law marriage as valid, and does not recognize a de facto marriage. This paragraph recognizes only that relationships do exist that provide economic support equivalent to a marriage and that alimony terminable on remarriage may be reduced or terminated upon the establishment of equivalent equitable circumstances as described in this paragraph. The existence of a conjugal relationship, though it may be relevant to the nature and extent of the relationship, is not necessary for the application of the provisions of this paragraph.

4. A court terminating an alimony award based on the existence of a supportive relationship may not reserve jurisdiction to later reinstate alimony.

5. A modification or termination of an alimony award may be retroactive to the date of filing of the petition for modification or termination.

(12) The fact that an obligor has reached the normal retirement age for his or her profession, has retired, and has no intent to return to work shall be considered a substantial change in circumstance as a matter of law. In determining whether the obligor’s retirement is reasonable, the court shall consider the following factors of the obligor:

(a) Age.

(b) Health.

(c) Motivation for retirement.

(d) Type of work.

(e) Normal retirement age for that type of work.

Section 3. Section 61.19, Florida Statutes, is amended to read:

61.19 Entry of judgment of dissolution of marriage;, delay period; bifurcation.—

(1) ANo final judgment of dissolution of marriage may not be entered until at least 20 days have elapsed followingfrom the date of filing the original petition for dissolution of marriage,; but the court, on a showing that injustice would result from this delay, may enter a final judgment of dissolution of marriage at an earlier date.

(2) During the first 180 days following the date of service of the original petition for dissolution of marriage, the court may not grant a final dissolution of marriage with a reservation of jurisdiction to subsequently determine all other substantive issues except in exceptional circumstances when it is clearly necessary for the best interests of the parties or their children. The desire of one of the parties to remarry does not justify the use of this process. If more than 180 days have elapsed following the date of service of the original petition for dissolution of marriage, the court may grant a final dissolution of marriage with a reservation of jurisdiction to subsequently determine all other substantive issues only if the court enters such other temporary orders as are necessary to protect the interests of the parties and their children, which shall remain effective until such time as all other issues can be adjudicated by the court. The temporary orders necessary to protect the interests of the children and the parties, which may be entered before the granting of a dissolution of marriage without an adjudication of all substantive issues, may include, but need not be limited to, temporary orders that:

(a) Restrict the sale or disposition of property.

(b) Protect and preserve the marital assets.

(c) Establish support.

(d) Provide for maintenance of health insurance.

(e) Provide for maintenance of life insurance. The court is not required to enter temporary orders to protect the parties and their children if the court enters a final judgment of dissolution of marriage which adjudicates substantially all of the substantive issues between the parties but reserves jurisdiction to address ancillary issues, such as the entry of a qualified domestic relations order or the adjudication of attorney fees and costs.

Section 4. This act shall take effect July 1, 2012.

If you have questions concerning alimony or modification of alimony and you wish to speak with a Tampa Bay Family Law Attorney, set up a consultation with The Law Firm of Adam B. Cordover, P.A., by calling us at (813) 443-0615 or filling out our contact form.

The Florida Senate has a competing bill, SB-748, which makes slightly fewer changes to the alimony standard and is somewhat less controversial than the House Bill.  The Senate summarizes SB-748 as follows:

• Revises the factors that a court must consider in awarding alimony to include the net income available to each party after the application of the alimony award.
• Requires the findings that a court must make in determining to award alimony be in writing.
• Revises the circumstances under which a court may consider adultery by either spouse in its determination of the amount of alimony.
• Allows a court in determining the amount of alimony to be awarded to consider the adultery of a party only to the extent to which the adultery caused a depletion of marital assets or a reduction in the income of a party.
• Renames “permanent alimony” to “long-term alimony” and requires the court to make a finding that no other form of alimony will provide for the needs and necessities of life of the recipient as established during the marriage of the parties.
• Requires a court to make written findings regarding all relevant factors under the court’s consideration when ordering an award of alimony.
• Specifies circumstances under which the retirement of the obligor of an alimony award justifies the modification of the alimony award.
• Limits the circumstances in which a court may grant a final dissolution of marriage with a reservation of jurisdiction to subsequently determine all other substantive issues.
• Prohibits a court from reserving jurisdiction to reinstate an alimony award if the court terminates the award based on the existence of a supportive relationship.
• Provides that the modification or termination of an alimony award based on the existence of a supportive relationship may be retroactive to the date of the filing of the petition for modification or termination.
• Prohibits a court from awarding long-term alimony unless the court finds that no other form of alimony will provide for the needs and necessities of life of the recipient as established during the marriage.
• Prohibits a court from requiring security, such as a life insurance policy or bond, to secure an alimony award unless special circumstances are shown.

In future posts I will provide the text of the senate bill and discuss the effects of these proposed changes.

If you have questions concerning alimony or modification of alimony and you wish to speak with a Tampa Bay Divorce Attorney, contact The Law Firm of Adam B. Cordover, P.A., by calling us at (813) 443-0615 or filling out our online form.

The Parental Notice of Abortion Act (hereinafter “Act”), section 390.01114, Florida Statutes, provides that a termination of pregnancy may not be performed or induced upon a minor unless the physician performing or inducing the termination of pregnancy has given at least 48 hours actual notice to one parent or to the legal guardian of the pregnant minor of his or her intention to perform or induce the termination of pregnancy. The Act further provides for judicial waiver of notice to the parents or legal guardian. The court is required to give these proceedings precedence over other pending matters to the extent necessary to ensure that the court reaches a decision within three (3) business days after a petition is filed.

It is necessary for the prompt and efficient administration of justice to update the procedures for handling parental notice of abortion act cases to ensure that proceedings under this Act are handled in an expeditious manner. By the power vested in the chief judge under article V, section 2(d), Florida Constitution; section 43.26, Florida Statutes; and Florida Rule of Judicial Administration 2.215(b )(2), it is therefore ORDERED:

1. Filing of Petition

All petitions seeking a judicial waiver of the notice requirements of section 390.01114, Florida Statutes, will be filed in the Juvenile Dependency Division.

2. Assignment of Case

Immediately upon filing, the Clerk of the Circuit Court (hereinafter “clerk”) will assign the petition to one of the Unified Family Court divisions by using a random equitable distribution system. For purposes of this administrative order only, a Unified Family Court division is a division within any of the following subject matter divisions: Domestic Relations/Family Law, Domestic Violence, Juvenile Dependency, Juvenile Dependency Crossover and Juvenile Dependency Specialty.

The clerk will immediately contact the judge presiding in the division to which the petition is assigned by telephoning or otherwise communicating with the assigned judge’s judicial assistant. If the judicial assistant or assigned judge cannot be immediately contacted, the clerk will notify any other Unified Family Court division judge using a random equitable distribution system. If none of the Unified Family Court division judges are available, the clerk will contact the duty judge who will handle the matter.

3. Appointment of Counsel

If the petitioner is not represented by counsel and has requested counsel in the petition, the clerk or the assigned judge’s judicial assistant will contact the next attorney on the registry of attorneys approved in the Chief Judge Registry which can be found on the Thirteenth Judicial Circuit’s webpage at www.fljud13.org. If the attorney is not available to assist the petitioner, the next attorney on the registry should be contacted until an attorney is located to represent the petitioner.

If the petitioner is not represented by counsel and has not requested counsel in the petition, the judge should immediately conduct a hearing to advise the petitioner she has a right to court-appointed counsel at no cost to her, and after inquiry, appoint counsel if requested by the petitioner or as the circumstances require.

4. Three (3) Business Day Rule

Proceedings arising out of these petitions will be given precedence over other pending matters and will be heard in closed court immediately, on the same day the petition is filed, if possible. If a hearing cannot be held immediately, the clerk will coordinate a hearing time with the assigned judge and then provide notice of the hearing to the petitioner pursuant to Rule 8.805(d). The court must rule and issue written findings of fact and conclusions of law (see Florida Rule of Juvenile Procedure Forms 8.990 and 8.991) within three business days from the time the petition is filed, except that the three business day limitation may be extended at the request of the petitioner. If the court fails to rule within the three business day period and an extension has not been requested, the petitioner may immediately petition for a hearing upon the expiration of the three business day period to the chief judge who will ensure a hearing is held within 48 hours after receipt of the minor’s petition and an order is entered within 24 hours after the hearing.

5. Transcript

If the assigned judge is a judge presiding in the Domestic Relations/Family Law Division (division without court reporters provided by the court), the judicial assistant will immediately contact the court operations department so that a court reporter can be assigned for the hearing. If the assigned judge is the duty judge, the judge may consider conducting the hearing on a weekend day or holiday after conducting juvenile shelter and detention hearings so that a court reporter is available for the hearing. An expedited transcript must be produced by the court reporter as soon after the hearing as possible and immediately delivered to the court for inclusion with the court’s written findings.

6. Confidentiality

As provided by section 390.01116, Florida Statutes, and Florida Rule of Juvenile Procedure 8.835(a), any information including the petition, documents, transcripts, recordings of cases, and any other information that could be used to identify a minor who has petitioned the court for a judicial waiver of parental notice of termination of pregnancy is confidential and exempt from public disclosure. As provided by Rule 8.835(b ), the court file shall be sealed unless otherwise ordered by the court. Judges are encouraged to (1) hold such hearings at a place and time that will provide the maximum privacy to the minor; (2) ensure that unauthorized persons are not in the courtroom or hearing room; (3) ensure that unauthorized persons cannot see or hear the proceedings; and (4) recognize the sensitive nature of these proceedings.

7. Previous Administrative Order Superseded

This administrative order supersedes Administrative Order S-2006-200 (Parental Notice of Abortion Act Cases).

8. Effective Date

This administrative order is effective October 1, 2011.

It is ORDERED in Tampa, Hillsborough County, Florida, on this 30th day of September, 2011.

Manuel Menendez, Jr., Chief Judge

Collaborative Divorce Institute of Tampa Bay Unveils New Website

As a member of the CDITB Website Steering Committee, I am proud of the work we accomplished in bringing the website public.  You can find articles and videos exploring various topics in collaborative family law practice.   You can review answers to frequently asked questions (FAQs) about collaborative divorce.  And now you can find collaboratively trained communication coaches/mental health professionals, financial professionals, and attorneys in your area by simply entering your zip code into our Collaborative Professional Directory.

Attorney Adam B. Cordover has completed advanced training in interdisciplinary  collaborative law and is a member of the International Academy of Collaborative Professionals and the CDITB.

To learn more about collaborative law, call The Law Firm of Adam B. Cordover at (813) 443-0615 or fill out our contact form.