Alimony Reform Act of 2011

As Benjamin Franklin once said, “The only things certain in life are death and taxes.”  And for those divorcing in  Massachusetts, one more certainty could be added to this list: lifetime alimony.  That is about to change with the growing momentum of Massachusetts legislation know as the Alimony Reform Act of 2011.

On January 18, 2011, Senator Gale Candaras and Representative John Fernandes announced the filing of legislation intended to reform and improve alimony in Massachusetts.  The bill was comprised of ideas from a legislative task force formed by the chairs of the Joint Committee on the Judiciary whose goal was to minimize the uncertainty associated with alimony awards.  In terms of support, this bill has more than 30 co-sponsors, and is backed by  Massachusetts Bar Association, the Chief Justice of the Probate and Family Court, Steve Hitner and his grassroots organization known as Mass Alimony Reform, and thousands of men and women throughout the state who are affected by the alimony laws currently in place.  With so many influential people determined to keep this bill moving forward, there is a strong possibility that this new bill could be passed sometime this Spring. 

In terms of changes, the proposed Alimony Reform Act of 2011 would radically alter Massachusetts’ existing alimony system. The Major reforms include:

•        Alimony would come to an end when the paying spouse reaches the age of retirement.  Under the current system, courts did not have the authority to limit the duration of alimony.   
•       Alimony could be reduced or terminated if the spouse receiving alimony maintains a “common household” with another person for a continuous period of at least three months.  
•       If the alimony payer remarries, the income of his or her spouse could not be used as part of the analysis to increase alimony to the recipient ex-spouse.   This is extremely beneficial to the payer who will no longer have to view alimony as an obstacle to getting re-married.  
•      A formula would now be implemented so that alimony would not exceed the recipient’s need or 30 percent to 35 percent of the difference between the parties’ gross incomes. 
•      Durational limits would be imposed depending on the length of the marriage.  For marriages of five years or less, alimony would last no longer than 50 percent of the number of months in the marriage.  For marriages between 5 and 10 years, alimony would be no more than 60 percent of the months in the marriage.  For marriages between 10 years and 15 years, alimony would cap at 70 percent of months in the marriage.  For marriages between 15 and 20 years, alimony would be no more than 80 percent of months in the marriage.  For marriages that lasted greater than 20 years, the court would reserve discretion to set alimony for an “indefinite length of time.”

Overall, while many attempts to change Massachusetts’ alimony laws have failed in the past, it appears that the Alimony Reform Act of 2011 has the support it needs to become law.    While alimony in Massachusetts will still be much more generous than it is in other states, the directives of the new law provide more predictability for those who pay alimony and those who receive alimony.