Massachusetts Lawmakers Revise Alimony Law

July 22, 2012

Massachusetts Lawmakers Revise Alimony Law

The complexities that accompany the divorceprocess are due not only to potential disputes between a wife and husband who are ending their relationship, but also the laws that will impact their decisions. Like all states, Massachusetts has a diverse set of family law statutes that govern issues such as child support, custody, property division and modification of divorce decrees.

Lawmakers in Massachusetts recently amended the commonwealth's alimony statutes, enacting several important changes to the duration of spousal support. As of March 1, 2012, the following factors apply to monthly grants of "general term" alimony from one spouse to the other:
-After a marriage of five years or less, alimony can only be granted for half of the marriage duration
-If the marriage lasted five to ten years, the alimony duration cannot exceed 60 percent of the number of months of marriage
-For a 10- to 15-year marriage, that figure increases to 70 percent
-For a 15- to 20-year marriage, the court can impose alimony obligations for up to 80 percent of marriage duration
-For marriages that lasted more than 20 years, the statute creates no limits to alimony duration

Grants of general term alimony depend on a determination of the recipient spouse's economic dependence on the other. Massachusetts family courts can order that several other distinct forms of spousal support be provided to an ex-spouse:
-"Rehabilitative" alimony can be granted to a spouse who is expected to become economically self-sufficient after a certain period of time
-"Reimbursement" alimony, which can be ordered as a single payment, may be appropriate after a short-term marriage during which one spouse supported the educational achievements or job training of the other
-"Transitional" alimony, which can also be granted as a lump-sum payment, is limited to marriages of five years or less and is intended to help the recipient spouse adjust to a lifestyle change or relocation

Each divorce is different and lawyers and their clients must be creative in their application of the facts of their case to the new alimony law. A Massachusetts divorce attorney can explain the latest changes to family law provisions due to legislative actions or state court interpretations.

Article provided by Law Office of Michael J. Brothers
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