Legislation Pending to End Lifetime Alimony in Massachusetts

July 22, 2011

Legislation Pending to End Lifetime Alimony in Massachusetts

In Massachusetts, the obligation to pay alimony is based on a number of factors including length of marriage, employability, marital contribution, conduct (malfeasance), and age; however, the statute does not define alimony duration or limitations. Many judges do not believe that existing law grants them the ability to set termination dates for alimony payments. Given changes in child support, perspectives on support, and the state of the economy, members of the Massachusetts Senate introduced a bill in hopes of reforming alimony law in our state.

Senate Bill 665, referred to as the Alimony Reform Act of 2011, specifically provides for judges to set alimony duration and introduces classes of alimony. Having been endorsed by the House and approved by the Joint Committee on the Judiciary, the act goes so far as to terminate alimony in cases of cohabitation and remarriage as well as reaching the age of retirement.

Other than dealing with duration of alimony payments, the new law considers the ability of each spouse to maintain their lifestyles, including employability, and deducts income subject to child support from the overall analysis. As for orders that predate the law, courts may have to consider whether modifications are allowed based on the original terms of the separation or support orders.

Previous Attempts to Change the Law

While most states have abolished lifetime alimony, Massachusetts has remained a holdout. Over the past few years, the state's legislature made attempts to amend existing alimony laws. In 2009, Senate Bill 1616 was introduced and sought to grant judges the authority to set alimony duration. In House Bill 1785, introduced the same year, included revisions would have set alimony payment limits as well as addressed self-sufficiency of alimony beneficiaries. Neither bill was approved.

Alimony is one of the most controversial issues in family law today. Standing as a legal obligation to provide maintenance support to an estranged spouse, alimony can result in bitter, costly, and stressful court proceedings.

Many believe the proposed alimony reform law will be enacted in Massachusetts. For those who are currently paying spousal support or considering divorce, it is best to contact an attorney to find out how the new law would affect them.

Article provided by S. De Oliveira Law, LLC
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