Alimony or spousal support is often one of the most contentious and emotional issues for divorcing couples to reach agreement on. The alimony system in Massachusetts is also a controversial topic for many policy makers and legislators. Critics of the current Massachusetts alimony laws have long been advocating for reform. Recently, however, those campaigning for change have been gaining momentum.
What is Alimony?
Alimony, also referred to as spousal support, is a court-ordered support payment that one spouse pays to the other. Spousal support differs from child support in that it is designed to be used towards the spouse's financial needs and not the child's.
Alimony may be awarded for several reasons. For instance, a spouse who worked outside of the home may have a much higher earning capacity compared with a spouse who stayed at home to raise the couple's children. A spouse may also need financial assistance because of a disability, lack of education or lack of work experience. Depending on the circumstances, spousal support can be permanent or temporary.
Alimony in Massachusetts
Unlike child support, where there are clear guidelines, alimony in Massachusetts is more negotiable. Judges are allowed significant leeway in deciding how much weight to give different factors used to determine the amount and duration of spousal support. Currently Massachusetts is one of only a few states with alimony systems that still allow for "lifetime" alimony. In other words, one spouse may be required to make alimony payments to the other indefinitely.
Alimony Reform Act of 2011
The proposed bill titled the Alimony Reform Act of 2011 would provide more specific guidelines on payment amounts and durations. The reform would also make it more difficult for judges to award lifetime alimony, which reform advocates say is done too frequently.
If passed, the bill would establish alimony payment timelines based on the number of years a couple was married. For instance, if a couple was married less than five years, the duration of alimony could only be half the number of months of the marriage. If a couple was married for 10 to 15 years, the maximum term alimony could be awarded for would be 70 percent of the time they were married. A judge would only be allowed discretion to award alimony indefinitely in marriages over 20 years.
The proposed bill also differentiates three types of alimony payments:
- General term alimony: regular payments to an economically dependent former spouse
- Rehabilitative alimony: payments made to a spouse who is expected to become financially independent after a period of time
- Reimbursement alimony: funds paid to a spouse in a shorter-term marriage to a spouse who helped fund his or her spouse's educational degree completion
Other changes the reform makes include terminating alimony upon the remarriage or cohabitation of the recipient, limiting alimony term extensions, and excluding income from overtime or a second job from alimony modifications.
The task force that developed the proposed reforms worked for over a year on the issue and was made up of a variety of stakeholders. These included representatives from the Massachusetts Bar Association, the Massachusetts Women's Bar Association, the Boston Bar Association, the American Academy of Matrimonial Lawyers, and Massachusetts judges, attorneys and legislators.
Proponents for Reform
Those in favor of alimony reform in Massachusetts say it would provide more consistency and predictability in alimony awards. Proponents say it would also allow judges more flexibility to revise alimony payments when paying spouses become unemployed or face other financial hardships.
Critics of Reform
Some critics of the reform maintain that alimony should not be limited by statute and should instead be based on need and ability to pay. Others express concern with the reform bill's provision that alimony would terminate when the spouse paying it reaches retirement age (even if they are still working); they argue this may leave women who were married to older men without adequate support.
Another criticism is that the act would allow existing alimony awards to be modified. This may negatively impact women who gave up property or other assets in settlement negotiations in reliance on receiving alimony of a specific amount for a certain duration.
Current Status of Alimony Reform
Although past attempts at alimony reform in Massachusetts have faltered, the economic downturn seems to have made the issue a priority for many lawmakers.
Earlier this month the Massachusetts House gave its initial approval to the reform measure. Rep. Paul Donato (D-Medford), who presided over the session, said he was planning on holding a formal session to debate the changes in the coming weeks. There is wide support for the bill (S 665) and the measure has 133 co-sponsors from members of both parties. Since there is support from a significant majority of each branch, many expect alimony reform to pass soon.
How an Attorney Can Help
Because alimony reform has yet to be passed into law, spousal support in Massachusetts remains very negotiable and subject to a judge's discretion. This makes it crucial that you have an experienced divorce attorney representing your interests and advocating on your behalf. If you are considering or already experiencing a divorce, or have questions related to spousal support, contact a knowledgeable family law attorney for advice and guidance.
