Most everyone has heard starting March 1, 2012, Massachusetts' new alimony laws signed into law by Governor Patrick go into effect. What most do not know is how the new law affects them. The impression out there may be alimony has now been eliminated, or that if one was required to pay alimony from a past order, that order will now be null and void beginning March 2012. This is not true and it is highly recommended individuals pursue the advice of a divorce attorney familiar with the new alimony changes prior to taking any action that may limit their future rights or even subject them to contempt of Court.
In contrast to before, the new law now sets limits on how long general alimony can be set for even though, in certain circumstances, judges still retain the ability to set different alimony termination dates for "...good cause shown..." The new legislation has also defined the differences between general, rehabilitative, reimbursement and transitional alimony which greatly changes alimony awards and how it affects both payors and payees. Generally speaking both reimbursement and transitional alimony can not be awarded for more than a five year period. Rehabilitative alimony is only awarded for the period of time it will take the payee to become self-sufficient and general term alimony can only be awarded as follows:
0-5 year marriage= no greater than 50% the number of months married
5-10 year marriage = no greater than 60% of the months married
10-15 year marriage = no greater than 70% of the months married
15-20 year marriage = no greater than 80% of the months married
More than 20 years married = court has discretion to apply indefinite alimony
While the general information just stated may tempt some individuals to try and work out their own alimony awards through 1A divorce filings to try and keep attorney fees down, the new law is still fairly complicated when integrated into an average divorce case. For example, courts may still grant extensions on alimony awards and judges still retain the ability to modify rehabilitative alimony awards upon cause of a material change. The Courts may not modify alimony agreements where the parties already agreed for their alimony modification agreement to survive judgment. Further, the new alimony laws except for reimbursement alimony or other alimony warranting deviation from the new standards, now may not exceed the recipient's need or 30-35 percent of the parties difference in income[1].
What does all this mean? Well, if you are thinking of getting divorced or have been divorced, you should consult a divorce attorney skilled in the nuances of the new law going into effect soon to determine how exactly your rights will be affected when the new alimony law goes into effect. This is particularly important for those paying or receiving alimony as the new law also defines when and how alimony modification complaints may be filed for orders already in effect.
[1] Income is defined by the Massachusetts Child Support guidelines: http://www.mass.gov/courts/childsupport/worksheet-child-support-guidelines.pdf
