If a group of Massachusetts legislators has their way, spousal support laws in the state will soon be getting a much-needed makeover. The "Alimony Reform Act of 2011" aims to provide clarity to spouses seeking (or fighting) an alimony award, lawyers helping clients through the process and judges deciding if an award is appropriate. In addition to simplifying the language, the Act would also:
- Provide duration limits on alimony orders
- Create termination criteria for several different life situations
- Provide guidance in setting the amount of awards
The law has been championed by fathers' rights groups and legal industry associations - including the Massachusetts Bar Association and the Women's Bar Association of Massachusetts - alike, and most insiders think it has a good chance of being passed in the 2011 legislative session.
Durational Time Limits - A New Approach
The durational limits set forth in the Act mirror those offered by the American Academy of Matrimonial Lawyers. They also reflect trends in rulings issued by Massachusetts family law judges deciding spousal support contests. The Act sets a preliminary time limit for an alimony award based solely upon the length of the marriage:
- No more than half the length of a marriage of five years of less
- Not longer than 60 percent of a marriage of less than 10 years but more than five years
- Less than or equal to 70 percent of the length of a marriage between 10 and 15 years
- No more than 80 percent of the time of a marriage between 15 and 20 years
- If a marriage has lasted more than 20 years at the time of an alimony request, the alimony can be set for "an indefinite length" if the judge deems it appropriate
These parameters can be changed in individual cases if justice so requires it.
Terminating an Alimony Award Under the Act
The Act provides for several different life situations which could result in the termination of an alimony award. These include:
- Remarriage of the receiving party
- Cohabitation of the receiving spouse (in some situations) for more than three months
-
The paying spouse reaching full retirement age - provided that the spouse had not planned on working past retirement and/or there are no significant factors that would make termination inequitable
Setting the Amount of an Award Under the Act
In addition to the factors set forth in current Massachusetts law to determine the amount of a spousal support award (length of marriage, age of parties, relative economic situation of each spouse, etc.), the Act also lets judges consider something called "lost economic opportunity as a result of the marriage." This specifically takes into account the situation where one spouse sacrificed career opportunities for the sake of the marital family.
The Act also caps the limit of an alimony award at a reasonable amount for both parties. Spousal support would be limited to an amount that does not exceed the needs of the receiving party of between 30 and 35 percent of the difference in the parties' incomes at the time they divorced.
Alimony awards are one of the most hotly contested areas of family law in Massachusetts and around the country. If you are involved in a divorce and want to learn more about seeking spousal support or fighting a request that you pay alimony, contact an experienced family law attorney in your area to learn more about your legal rights and options.
