Massachusetts' previous alimony system gave judges the discretion to award lifelong alimony payments, regardless of how long the marriage had lasted. Unlike in most states, spouses could be required to continue paying alimony after they retired or after their ex-spouse moved in with someone else.
The new law sets limits on the duration of alimony payments based on how long the marriage lasted. If the marriage lasted for five years or less, a spouse may only receive alimony for a length of time equal to one-half the duration of the marriage. The eligibility period increases with the length of a marriage, up to 80 percent for couples married between 15 and 20 years.
Under the new law, judges may only order lifetime alimony for marriages that lasted longer than 20 years.
No matter the duration of the marriage, alimony payments will either be reduced or terminated if the receiving spouse begins a live-in relationship with another person. Further, absent special circumstances, alimony payments will stop when the paying spouse reaches retirement age.
Alimony payments will be calculated based on a number of factors including each spouses' earning potential, financial resources, and general health.
Public Split on Changes
The fight to change Massachusetts alimony was led by a citizens' group called Massachusetts Alimony Reform. The group's membership consisted largely of ex-husbands who were frustrated with the amount of spousal support they were required to pay. They claimed that previous law was overly generous and caused many ex-spouses to be unable to retire.
However, some Massachusetts family law experts are not so sure the change is a good thing. They worry that the alimony law's new rigidity doesn't properly recognize the opportunities spouses give up when they decide to become homemakers. Further, they worry that some abused spouses will stay married out of fear that they won't be able to support themselves without their partner's income.
The new law makes it more important than ever to seek effective representation. If you or a loved one is going through a divorce, contact an experienced family law attorney who can help you meet your financial goals.
