Massachusetts 2011 Alimony Reform Act
Massachusetts 2011 Alimony Reform Act
Massachusetts 2011 Alimony Reform Act
Written by Wyckoff Nissenbaum [www.MAFamilyLawBulletin.com]
Massachusetts 2011 Alimony Reform Act
The following is part 1 of a series of articles addressing the Massachusetts 2011 Alimony Reform Act.
The 2011 Alimony Reform Act has the support of the Massachusetts Women's Bar Association, the Massachusetts Bar Association and 132 senators that have co-sponsored the bill. Almost everyone is in agreement that Massachusetts needs alimony reform. Massachusetts General Laws Chapter 208 Section 34 is draconian and the Reform Act will modernize the bill. Currently, case law does not allow a judge to limit the duration of alimony. Along with other changes, the Reform Act creates four categories of durational alimony. Lets take a look at the four proposed categories of alimony.
1) General Term Alimony
"is the payment of support from one spouse to another for a reasonable length of time, pursuant to a court order and for the purpose of providing a spouse in need of support periodic payments from a spouse who has the ability to pay it"
The above definition is not that different from the current definition of alimony. The big difference is found in how the statute defines the term. General term alimony terminates upon remarriage of the recipient or death of either spouse. Additionally, the statute provides durational limits.
The guidelines provide that where the duration of the marriage is twenty years or less alimony shall be no longer than as specified in the guidelines. This durational limit may be deviated from if the court finds that it is in the interests of justice. While the term "interests of justice" is not defined in the Reform Act, it generally means that the court is allowed to deviate if it finds that the statutory durational limit is inequitable.
The following are the durational limits for General Term Alimony:
If the marriage is equal to or less than 5 years, then no greater than 50% of the number of months of the marriage;
If the marriage is equal to or less than 10 years, but greater than 5 years, then no greater than 60% of the number of months of the marriage;
If the marriage is equal to or less than 15 years, but greater than 10 years, then no greater than 70% of the number of months of the marriage; and
If the marriage is equal to or less than 20 years, but greater than 15 years, then no greater than 80% of the number of months of the marriage.
General Term Alimony is also suspended during cohabitation of the recipient. The statute provides six factors to determine cohabitation. This part of the statute will most likely lead to litigation and the need to employ private investigators to prove cohabitation.
2) Rehabilitative Alimony
Rehabilitative Alimony is meant for exactly for what it sounds, rehabilitation. The court cannot order Rehabilitative Alimony for greater than five years without a complaint for modification. The original order for Rehabilitative Alimony is to help a spouse get back on his or her feet. The idea is that by providing a spouse with finances then they will be able to get the necessary education and/or job training to become self-supporting. The recipient must make a good faith effort to become self-supporting.
3) Reimbursement Alimony
Reimbursement Alimony is defined as a one time or periodic payment to the other spouse for compensating the recipient for economic or non-economic contributions to the financial resources of the payor. The common example is a spouse that puts the other spouse through school will get reimbursed for his or her contribution to the other spouse.
4) Transitional Alimony
Transitional Alimony is defined as a one time or periodic payment to the other spouse for the purpose of transitioning the recipient to an adjusted lifestyle or location as a result of the divorce. Transitional alimony has a three year limit and cannot be modified by another form of alimony. This means that transitional alimony will be part of the court's Judgment of Divorce Nisi and is not subject to modification. This type of alimony will most likely be used by the court if it is found that a spouse needs a limited amount of support as they begin a new chapter in his or her life.
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