On, March 1, 2012, the new Massachusetts Alimony Reform Act of 2011, M.G.L. c. 208, § 34, went into effect.
The new act classifies four types of alimony. The types of alimony are as follows:
1.) General Term Alimony. General Term Alimony is granted to a spouse who is economically dependent. The payments are usually made periodically. General Term Alimony has durational limits depending on the length of the marriage. If the marriage was for five years or less, the General Term Alimony would be for not more than 50% of the total number of months the marriage lasted. If the marriage was for ten years or less, but more than five (5) years, General Term Alimony will be for 60% of the number of months the marriage lasted. If the marriage was for fifteen (15) years or less, but more than ten (10) years, the General Term Alimony will be for 70% of the number of months the marriage lasted. If the marriage was for more than twenty (20) years, the General Term Alimony may be indefinite.
General Term Alimony will terminate upon the death of the payor, death of the recipient, remarriage of the recipient, court order or the payor attaining full retirement age. General Term Alimony may terminate if the payee is cohabitating with another individual. Pursuant to M.G.L. c. 208, § 49(d) if the payor can prove that the payee is cohabitating, or has maintained a common household with another person for a continuous period of at least three months, the alimony shall be suspended, reduced or terminated.
General Term Alimony may be modified upon a showing of a material change of circumstances. If an individual was divorced prior to March 1, 2012 and has an alimony order, may file a Complaint for Modification based on the fact that the alimony judgment exceeds the durational limits, but there are specific time lines as to when a payor may file the Complaint for Modification. The time lines are as follows:
a.) If the Payor was married to the recipient for five (5) years or less, the Payor may file a Complaint for Modification on or after March 1, 2013.
b.) If the Payor was married to the recipient for ten (10) years or less, the Payor may file a Complaint for Modification on or after March 1, 201.
c.) If the Payor was married to the recipient for fifteen (15) years or less, the Payor may file a Complaint for Modification on or after May 1, 2015.
d.) If the Payor was married to the recipient for twenty (20) years or less, but more than fifteen (15) years, the Payor may file a Complaint for Modification on or after September 1, 2015.
2.) Rehabilitative Alimony. Rehabilitative Alimony can be ordered no matter what the length of the marriage was. Rehabilitative Alimony is granted to a spouse who is expected to become self-sufficient by a certain time. The duration of Rehabilitative Alimony payments cannot exceed five (5) years. It will terminate upon the death of the payor, death of the recipient, remarriage of the recipient, or a specific date or event in the future.
3.) Reimbursement Alimony. Reimbursement Alimony is either periodic payments or a one-time payment to a recipient spouse. The marriage has to be less than five (5) years for Reimbursement Alimony to be awarded. The purpose of Rehabilitative Alimony is to compensate the recipient spouse for economic or noneconomic contribution to the payor’s financial resources. Reimbursement Alimony will terminate upon the death of the recipient or a specific date in the future.
4.) Transitional Alimony. Transitional Alimony is either periodic payments or a one-time payment to a recipient spouse. The marriage has to be less than five (5) years for Transitional Alimony to be awarded. The purpose of Transitional Alimony is to assist the recipient spouse transition to an adjusted lifestyle or location as a result of the divorce. Transitional Alimony will terminate upon the death of the recipient or a specific date in the future.
Please contact the Law Office of Trista R. Christensen if you have questions regarding an alimony judgment that was entered prior to March 1, 2012. We will review your alimony order and determine if you are eligible to file a Complaint for Modification based on the Alimony Reform Act of 2011.