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Massachusetts Finally Reforms Alimony Laws
Legislation preventing a judge from ordering lifetime alimony is one of several alimony reform proposals currently garnering much support in Massachusetts.
November 10, 2011 /Law and Legal PR News/ -- A long-anticipated reform of Massachusetts alimony laws that attracted much attention finally passed this year. The Massachusetts Alimony Reform Act of 2011 had wide bipartisan support and both the House of Representatives and state Senate passed the bill unanimously. Gov. Deval Patrick signed the bill into law on Sept. 26.
The legislature renewed its interest in alimony reform after hearing horror stories of divorced men and women paying lifetime alimony or large spousal support to their exes for short-term marriages, even if the ex was healthy and able to find employment. Examples include small business owners forced to declare bankruptcy in part due to a judge's rejection of a post-divorce modification and parents with sole custody of the children who had to pay alimony to someone with no child care expenses and the ability to find work.
Among other provisions, the measure ends the ability for judges to order lifetime alimony payments in most situations. Now, alimony payments are curbed according to the length of the marriage. For marriages lasting five years or less, judges cannot order alimony for longer than 50 percent of the total months of the marriage. The percentage grows incrementally the longer the marriage lasts, to the point where marriages lasting longer than 20 years would still give the judge discretion as to the length of spousal support.
Alimony also will now end when the ex-spouse receiving alimony remarries or cohabitates with a partner or the paying ex-spouse reaches retirement age.
In addition to the guidelines for the length of general alimony, the law created new categories of alimony. They are:
- Rehabilitative alimony, which is a limited number of payments intended to support an ex-spouse while he or she becomes "economically self-sufficient" in a predicted amount of time
- Reimbursement alimony, which is a limited or one-time payment to an ex-spouse as compensation for supporting the other through school or work training, when the marriage has lasted five years or less
- Transitional alimony, which is a limited or one-time payment intended to let an ex-spouse become adjusted to a different economic lifestyle than experienced during the marriage, when the marriage has lasted five years or less.
Most family law attorneys support the new law (the Massachusetts Bar Association was among the bill's backers) because it offers more predictability in alimony awards. However, judges still have enough discretion that negotiating alimony in divorce proceedings requires the help of an experienced attorney. If you are contemplating divorce, or are currently paying alimony, speak to a knowledgeable divorce lawyer to discuss how your situation may be affected by the new law.
Article provided by Miguel Law Offices
Visit us at www.miguellawoffices.com
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