A new alimony reform bill currently in the Massachusetts legislature would change the way alimony is determined, essentially replacing current legislation with a more exact list of elements that should affect the amount and duration of alimony following a divorce in the Commonwealth. The bill, known as the Alimony Reform Act of 2011, has been proposed in both the Massachusetts House and Senate and is similar to legislation proposed during the 2007-2008 session as well as the 2009-2010 session. The bill was referred to the Joint Judiciary Committee on January 24th of this year and a hearing took place in front of the committee on May 18th.
The legislation looks to change section 34 of chapter 208 of General Laws as it appears in the 2008 Official Edition. The bill defines "alimony" as 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."
Most notably, the bill lays out the specific factors that affect the amount and duration of general term alimony. The duration of the marriage is the first factor listed, and duration of alimony payments is to be a set percentage of the number of years of marriage. For any marriage that lasted over twenty years, the court can order alimony for an indefinite length of time.
General term alimony refers to the periodic payment of support to a recipient spouse who is economically dependent. Rehabilitative alimony refers to support for a spouse who is expected to become economically self-sufficient by a predicted time. This includes reemployment, completion of job training, or receipt of a sum due from payer spouse pursuant to a judgment. General term alimony would be suspended, reduced or terminated by the court upon the recipient spouse's cohabitation with another person, i.e. sharing a common household. The bill defines "common household" by oral or written statements or representations made to third parties regarding the relationship of the cohabitants, economic interdependence of the couple living together, the community reputation of the parties as a couple, to name a few.
General term alimony may be modified in duration or amount upon a material change of circumstances that warrants such a change, unless the payer and recipient agree otherwise at the beginning of alimony payments. Once general term alimony is issued, the orders will not be terminated until the recipient reaches the full retirement age when he or she is eligible for the old-age retirement benefit under the United States Old-Age, Disability and Survivors Insurance Act, as amended and as may be amended in the future.
Even though alimony rests on a wide range of factors that determine its duration and amount, the proposed bill seeks to make alimony in Massachusetts a simpler, clearer process for those involved. Divorce is a stressful event for everyone, and confusion over what affects and defines alimony only worsens the situation. If passed, the new legislation would provide a distinct list of which factors affect alimony as well as what can change its amount or duration and when alimony payments cease. The bill has a long list of co-sponsors and supporters, and many believe that after being proposed in the previous two sessions, it has much notoriety and will pass into law.
This underlines the importance of understanding the divorce process if you are currently involved in a separation or divorce. No one should go it alone, and seeking the advice and guidance of an experienced attorney will ensure that you receive a fair agreement. Whether or not you need alimony, or you oppose alimony in your divorce, it is important to have experienced alimony representation on your side to persuasively present these factors to the court. Here at P&P, our experienced attorneys can guide you through every step of the process so your divorce isn't more complicated than it has to be.
