Boston Divorce Lawyer – Boston Divorce & Family Law Attorney Blog

Under Massachusett’s new Alimony Reform, the legislation has provided for 4 different types of alimony: General alimony, Rehabilitative Alimony, Reimbursement Alimony and Transitional Alimony.  The reason for the classification is that the duration of each type of alimony, how the payments are calculated, and the ability to modify it in the future, depends on the specific type of alimony that is used to classify.

General alimony is what we traditionally think of as alimony.  It is ordered when once spouse is financially dependent on the other spouse.

Rehabilitative alimony is alimony given for a short period of time so that the lesser earning spouse can get back on their feet through job training or finding a new job.

Reimbursement alimony is alimony for a short period of time or a lump-sum payment to reimburse a spouse for marriage contribution, such as helping to put a spouse through school and paying for student loans.

Transitional alimony is alimony for a short period of time or a lump-sum payment for the purpose of helping the spouse transition to a new standard of living or to relocated due to the divorce.

Massachusetts Senate and House has passed alimony reform legislation and it is expected to be signed by the Governor next week.  When signed, the new Alimony Reform will be effective March of 2012.  This is long overdue since Massachusetts Alimony is outdated and lags behind the reform of most other states.

In the past, alimony was governed by statute but the statute was very vague.  It gave the court a lot of discretion and not a lot of guidance.  For most attorneys, trying to figure out alimony payments and duration was a nightmare because there was no clear formula, unlike child support calculations.  With the passage of the alimony reform, we will not have a clear directive as to how alimony is calculated and it sets the amount and duration of alimony payments.  There is still some discretion by the court but at least there is more certainty.  Having clear and certain numbers helps not only the court, but attorneys to negotiate a proper and fair settlement for parties in a divorce.

The new alimony law provides for 4 different types of alimony: General Alimony, Rehabilitative Alimony, Reimbursement Alimony and Transitional Alimony.

Duration of General Alimony:

• If marriage is 5 years or less then alimony is no more than 1/2 the length of the marriage
• If marriage is more than 5 years but less than 10 years, then alimony is no more than 60% of the length of the marriage
• If marriage is more than 10 years but less than 15, then alimony is no more than 70% of the length of the marriage
• If marriage is more than 15 years but less than 20, then alimony is no more than 80% of the length of the marriage
• If the marriage is more than 20 years, alimony can be lifetime.

This is a question I get asked all the time and I should’ve answered on this blog a long time ago.

How is alimony calculated and how is property divided in a divorce?

First, in an uncontested divorce, those issues are decided by the husband and wife. They work it out between themselves. In the case of a contested divorce where the husband and wife cannot agree, then they must leave it up to a judge to decide.

Probate and family court judges must rely on a number of factors to guide them in their decision as to which spouse should get what. These are more commonly called Section 34 factors. They are:

1. Length of the marriage
2. Conduct of the parties during the marriage
3. Parties’ age
4. Parties’ health
5. Parties’ station in life
6. Parties’ occupation
7. the parties’ source and amount of income
8. Parties’ vocational skills
9. the parties’ employability
10. the parties’ estate
11. the liability of each party
12. the parties’ individual needs
13. the chance of future acquisition of the parties
14. the parties’ respective contribution, preservation and appreciation to the marital assets
15. whether one of the parties was a homemaker

The judge would also look at the needs of the children when making a property division but the judge cannot look to the needs of the children when making an alimony determination – that is a child support issue and covered by another statute.