61.08
Alimony.
TITLE VI CIVIL PRACTICE AND PROCEDURE
CHAPTER 61 DISSOLUTION OF MARRIAGE; SUPPORT; CUSTODY
(1)
In a proceeding for dissolution of marriage, the court may grant alimony
to either party, which alimony may be rehabilitative or permanent in
nature. 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. 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 a proper award of alimony or maintenance, the court shall
consider all relevant economic factors, including but not 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, the nonmarital and the
marital assets and liabilities distributed to each.
(e) 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) All sources of income available to either party.
The court may consider
any other factor necessary to do equity and justice between the parties.
(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.
(4)
(a) With respect
to any order requiring the payment of alimony entered on or after
January 1, 1985, unless the provisions of paragraph (c) or paragraph
(d) apply, 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 the provisions of paragraph (c) or paragraph (d) apply,
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. apply, 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.
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