Alimony Reform in Massachusetts

                         ALIMONY REFORM IN MASSACHUSETTS

                                                                (effective March 1, 2012)

                What is alimony?

·         The payment of support from a spouse who has the ability to pay to a spouse in need of support for a reasonable length of time, under a court order

                Are there different types of alimony?

·         General term alimony

                Periodic payments to an economically dependent spouse

·         Rehabilitative alimony

                Periodic payment for a predicted amount of time

·         Reimbursement alimony

                Reimbursement in a marriage 5 years or less

·         Transitional alimony

                Transition to an adjusted lifestyle in a marriage of 5 years or less

                How long does alimony last?

·         Terminates upon death of either spouse

·         Terminates upon remarriage of recipient

·         Marriage 5 years or less- 50% of # of months of marriage

·         Marriage 5-10 years- 60 % of # of months of marriage

·         Marriage 10-15 years - 70% of # of months of marriage

·         Marriage 15-20 years- 80% of # of months of marriage

·         Marriage of 20 years or more- indefinite

·         Cohabitation prior to marriage may be considered

·         Alimony suspended or reduced upon cohabitation

·         Until retirement of payor

                How is the amount of alimony calculated?

·         Generally not more than recipient’s need or 30-35% of the difference in incomes

·         May be unallocated child support and alimony- tax benefit

                May a judge deviate from these rules?

·         Length of marriage

·         Age of the parties

·         Health of the parties

·         Income of the parties

·         Employment and employability

·         Economic and non-economic contributions

·         Marital lifestyle

·         Ability of parties to maintain marital lifestyle

·         Lost economic opportunity as a result of marriage

·         Other relevant factors

                Modifications

·         If existing order exceeds the durational limits

·         Married 5 years of less- on or after March 1, 2013

·         Married 5-10 years- on or after March 1, 2014

·         Married 10-15 years- on or after March 1, 2015

·         Married 15-20 years- on or after September 1, 2015