Massachusetts Alimony Reform of 2011
July 29th, 2011Massachusetts 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 This is long overdue since Massachusetts Alimony is outdated and lags behind the reform of most other states.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.
Has any alimony reform bill been signed into law yet? I know there are several versions of various reform bills floating around but not sure if any are passed yet.
No bill has been signed yet. However, there’s little doubt that it will be signed and the jist of the House and Senate bill are the same.
The way I read the proposed legislation, it would not apply to judgments predating March 1, 2012 if the duration of the marriage exceeded 20 years. Is that correct?
Thank you.
Hi, any thoughts on my previous question?
Thanks.
It’s hard to say at this moment because the copy of the bill that was just put on the Governor’s desk is not the same one voted on by the House or the Senate. Some words have changed in order to merge the two. Everyone will know more about the bill once it becomes law.
Does the new reform have any affect on judgements prior to this new law? Specifically, My Ex has cohabitated since we divorced 3 years ago. We were married for 18 years and I am required to pay alimony until retirement.
[...] The amount of alimony will be 30-35% of the difference between the parties’ gross incomeSource [...]