Massachusetts Reins in Lifetime Alimony Payments, Finalizes Reform

March 22, 2012

Massachusetts Reins in Lifetime Alimony Payments, Finalizes Reform

In September of 2011, Massachusetts Governor Deval Patrick signed into law the widely supported "Act Reforming Alimony in the Commonwealth," which prevents judges from issuing lifetime alimony awards in most divorces. Instead, the duration of the alimony order is limited according to the number of years the marriage lasted.

Term Limits on Alimony

Now, the length of alimonyin Massachusetts is limited to the following:
-Less than five years of marriage: alimony limited to 50 percent of the length of the marriage
-Between five and 10 years of marriage: alimony limited to 60 percent of the length of the marriage
-Between 10 and 15 years of marriage: alimony limited to 70 percent of the length of the marriage
-Between 15 and 20 years of marriage: alimony limited to 80 percent of the length of the marriage
-More than 20 years of marriage: alimony ends at retirement age of the payer

Other Amendments to Alimony Law

In addition to the term limits, the new law also ends alimony upon the remarriage (or three-month cohabitation establishing a household with another) of the person receiving alimony. The amount of the alimony also cannot be more than the recipient generally needs or more than 30 to 35 percent of the difference between the parties' gross incomes when the order is established.

As well, the income of second spouses of the payer will not be factored into an alimony order, meaning that husbands and wives will not have to help support their spouses' exes.

The bill passed unanimously in both the state House and Senate. While proponents say the term limits are, to use the words of Gov. Patrick when signing the bill, "more fair," it also helps those who may not have received alimony in the past. For short-term marriages, a judge can order transitional alimony to ease the financial burden immediately after divorce, but not saddle the payer with lifetime alimony payments.

Divorcing?

While the new alimony laws have been generally well received, alimony is still ordered at the discretion of a family court judge. Those who desire a fair alimony award should consult a divorce lawyer experienced in negotiating alimony awards.

Modifications of Existing Alimony Orders

You may be able to modify your existing alimony order under certain circumstances. One of the new statutory grounds for termination of existing alimony orders is the cohabitation of the recipient spouse under certain circumstance. Consulting a divorce and family law attorney is the best way to learn about your rights.

Article provided by O'Connor and Ryan, P.C.
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