61.08 Alimony. ---
(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.
History: ss. 7, 12, Oct. 31, 1828; RS 1484; GS 1932; RGS 3195; CGL
4987; s. 1, ch. 23894, 1947; s. 1, ch. 63-145; s. 16, ch. 67-254;
s. 10, ch. 71-241; s. 1, ch. 78-339; s. 1, ch. 84-110; s. 115, ch.
86-220; s. 2. ch. 88-98; s. 3, ch. 91-246.
Note. Former s. 65.08.