Alimony Reform Act of 2011

In January of this year, a new bill reforming Massachusetts alimony was filed with the Massachusetts Senate entitled " An Act to Reform and Improve Alimony.” The bill serves as a means to balance the welfare of both the spouse needing support with the equity for the providing spouse. The bill is being supported by the Women’s Bar Association of Massachusetts and the Massachusetts Bar Association and is expected to pass into law.

Some fundamentals of the proposed act include durational limits, termination at remarriage and at full retirement age, and amount of alimony. The time period of alimony under this new bill is based on the length of the marriage. If the marriage lasted 5 years or less, alimony can last no longer than 50% of the length of the marriage; 60% if 5-10 years; 70% if 10-15 years; and 80% if 20-15 years. The court may order alimony for an indefinite length of time in marriages lasting 20 or more years. The act allows for  termination of alimony payment if the recipient remarries. The act also allows for alimony termination when the payer reaches full retirement age for social security.

 In determining the amount of alimony many determinants already in existence are present in the bill including; age of parties, length of marriage, and economic and non-economic contribution to the marriage. Furthermore, it includes employment and employability which says “employability through reasonable diligence and additional training, if necessary.” It further goes on to say that generally the amount is not to exceed “the recipient’s need” or 30%-35% of the difference between the parties’ gross incomes at the time of the divorce. Pertaining to existing alimony orders the act may warrant an ex-spouse to vary the duration of alimony, unless a couple had initially agreed that the separation agreement terms were to be non-modifiable.  

As always, if you need further information, contactRauseo Law for a free consultation.