The Alimony Reform Act of 2011

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On January 18, 2011, Senator Gale D. Candaras (D - Wilbraham) and Representative John V. Fernandes (D - Milford) filed An Act to Reform and Improve Alimony. The Act proposes sweeping changes to the Massachusetts alimony laws, and has already been endorsed by the Massachusetts Bar Association.

As we discussed in an article on December 3, 2011, a Legislative Task Force was created to recommend changes that would reach a consensus between Judges, attorneys and the alimony reform advocates. The Act proposed by Senator Candaras and Representative Fernandes is the result of that Task Force's hard work and according to the Press Release, the Act has the unanimous support of all members of the Task Force.

Kelsey & Trask, P.C., the authors of this Blog, have created a website that summarizes the provisions of the Act and provides a calculator based on the General Term Alimony recommendations: MassAlimonyFormula.com.

Here are some of the highlights:

M.G.L. c. 208 s. 34
Current Alimony Law		 Alimony Reform Act of 2011
Proposed Alimony Changes
Factors:
  • the length of the marriage,
  • the conduct of the parties during the marriage,
  • the age,
  • health,
  • station,
  • occupation,
  • amount and sources of income,
  • vocational skills,
  • employability,
  • estate,
  • liabilities and
  • needs of each of the parties and the opportunity of each for future acquisition of capital assets and income.
 Factors:
  • the length of the marriage;
  • age of the parties;
  • health of the parties;
  • both parties' income, employment and employability, including employability through reasonable diligence and additional training, if necessary;
  • economic and non-economic contribution to the marriage;
  • marital lifestyle;
  • ability of each party to maintain the marital lifestyle;
  • lost economic opportunity as a result of the marriage;
  • and such other factors as the court may deem relevant and material.
Types of Alimony: Undefined Types of Alimony:
  • General Term Alimony;
  • Rehabilitative Alimony;
  • Reimbursement Alimony; and
  • Transitional Alimony.
Formula: NONE Formula: Not to exceed the recipient's need or 30% to 35% of the difference between the parties gross incomes.
 
Durational Limits: NONE Durational Limits:

Rehabilitative Alimony: 5 year maximum.

General Term Alimony:
  • Marriage of 5 years or less - Limit is 50% of the length of the marriage;
  • 5-10 years - 60%;
  • 10-15 years - 70%;
  • 15-20 years - 80%;
  • 20 years or more - indefinite.
Cohabitation: No mention. Judge's have discretion to consider. Cohabitation: The cohabitation of the recipient spouse with another person for a continuous period of at least three months may be cause for suspension, reduction or termination of alimony;
 
Retirement: No mention. Judge's have discretion per Pierce case. Retirement: Alimony terminates upon payor attaining the full retirement age per the old-age retirement benefit under Social Security.
 
Remarriage of Payor: income and assets of the payor's spouse can be considered. Remarriage of Payor: income and assets of the payor's spouse shall not be considered in a redetermination of alimony in a modification action.

For more information about the Act, visit MassAlimonyFormula.com.

For more information about the recent history of the alimony debate, view our previous post: It's a Trap! The Massachusetts Alimony Debate - February 13, 2010

For more information about the current state of alimony in Massachusetts visit our website's Alimony page.

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