Divorce Attorneys Roslindale

The recent development of the Alimony Reform Act of 2011,  amends Massachusetts General Laws Chapter 208.  It was signed into law by Duval Patrick, the Govenor of Massachusetts on September 26, 2011.

TO REVIEW THE ACT, PLEASE CLICK ON THIS LINK.

 The Act became effective on March 1, 2012.  This newly passed law established four categories of alimony:

1.  General Term Alimony;

2.  Rehabilitative Alimony;

3.  Reimbursement Alimony; and

4.  Transitional Alimony.

WHAT FACTORS DOES A JUDGE LOOK AT WHEN DETERMINING ALIMONY

How does a Judge determine alimony.  The Act states that in determining the amount and duration of the alimony to be awarded, the Judge should look at the length of the marriage; the age of the parties; the health of the parties; income; employment and employability of the parties; including the employability through reasonable diligence and additional training, if necessary; economic and non-economic contribution of both parties 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 considers relevant and material.

YOU CAN MOVE FORWARD AND HAVE A NEW LIFE WITH THE NEW PROVISIONS UNDER THE ALIMONY REFORM ACT

WHAT IS GENERAL ALIMONY

The term "General Alimony" is the periodic payment of support to a dependent spouse or ex-spouse.   This term of alimony terminates on the remarriage of the recipient or the attainment by the payor of full retirement age or the death of either party.  Also, general alimony is to be suspended, reduced or terminated upon cohabitation as defined in the statute.  However, there is no right to seek or receive modification of an existing alimony judgment in which the parties have agreed that their alimony is not modifiable, or in which the parties have agreed that their alimony provisions SURVIVE the judgment of divorce and, therefore, are not modifiable.   

With the general term alimony, the alimony will terminate when the payor reaches full retirment age, which is defined as the time that the payor is eligible to receive full retirement benefits under the U.S. Old Age, Survivors and Disability Insurance Program whether or not the person actually retires.

HOW LONG CAN ALIMONY LAST

This Act provides that the court is to look at the amount of years the parties were married to determine the length of the alimony.  The Court does not have to award the maximum amount, but this is the general formula that provides the basis of the determination that the Judge should use:

For marriages of five years or less:

50% of the months married.

For marriages of ten years or less, but more than five years:

60% of the months married.

For marriages of fifteen years or less but no more than ten years:

70% of the number of months married.

For marriages of twenty years or less, but no more than fifteen years:

80% of the number of months married.

For marriages of twenty years or more:

The court may order alimony for an indefinite time.

In each scenario above, the court will look at many factors in making its final determination.

WHAT IS REHABILITATIVE ALIMONY

The term "Rehabilitative Alimony" is the periodic payment of support to a recipient spouse or ex-spouse who is expected to become economically self-sufficient by or within a certain estimated time period.  For example, perhaps during this period that they receive alimony, they may be completing a job training program to become employed.

Even though  Rehabilitative Alimony will extend for no more than five years, the Act provides that the term may be extended, if the recipient has not married and comes before the court on a complaint for modification showing compelling circumstances due to unforeseen events that prevent the recipient from becoming self supporting.  In making its decision, the court will give due consideration to the length of the marriage and also on whether it will place an undue burden on the payor spouse.   The amount of the rehabilitative alimony may also be modified upon a material change of circumstances within the five-year period.

Additionally, the Act refers to rehabilitative alimony that may be ordered after the completion of a child support order or when child support terminates.

REIMBURSEMENT ALIMONY

The term "Reimbursement Alimony" as defined in the Act, permits the court to treat as a tangible benefit the assistance that one spouse provided to the other spouse during the course of a short-term marriage that assisted the other spouse to attain a degree or specific employment training.  The Act can provide for repayment to the assisting spouse in the form of a one-time alimony payment or a series of payments.  The court now has greater flexibility in recognizing the contributions that one spouse provided to the other during the course of the short-term marriage and can compensate the assisting spouse for this.  

TRANSITIONAL ALIMONY

The term "Transitional Alimony" is the periodic or one-time payment of support to a recipient spouse after a marriage of not more than five years to transition the recipient spouse to an adjusted lifestyle or location as a result of a divorce.  This form of alimony cannot be modified or extended or replaced by another form of alimony.  It may only last for a maximum of three years and must be awarded close to the date of the divorce.

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