USA – MASSACHUSETTS Trends and Developments Contributed by: Caterina S Wurman and Madeline R Pelagalli, Fitch Law Partners LLP
Fitch Law Partners LLP 84 State Street Boston MA 02109 USA
Tel: +1 617 542 5542 Fax: +1 617 542 1542 Email: seg@fitchlp.com Web: www.fitchlp.com
The Alimony Reform Act and Recent Trends Effective from 1 March 2012, the Alimony Reform Act of 2011 (Chapter 124 of the Acts of 2011 or MGL c 208, Sections 48–55) (ARA) established substantive and procedural guidelines for alimony practices in the Commonwealth of Massachusetts. As outlined in the ARA, Massachusetts recognises four distinct types of alimony, as follows: • general term alimony – the periodic payment of support to a spouse who is economically depend ‑ ent; • rehabilitative alimony – the periodic payment of support to a spouse who is expected to become economically self-sufficient by a predicted time (such as upon re-employment or the completion of job training); • reimbursement alimony – the periodic or one-time payment of support to a spouse after a marriage of not more than five years to compensate that spouse for economic or non-economic contribution to the financial resources of the payor spouse (eg, putting a spouse through school); and • transitional alimony – the periodic or one-time pay ‑ ment of support to a spouse after a marriage of not more than five years to transition the recipient to an adjusted lifestyle or location as a result of the divorce. Determining which type of alimony to apply in each divorce – or whether alimony should even apply – requires a case-by-case, fact-specific analysis and consideration of several factors, including the length of the parties’ marriage, the contribution and roles of
each party during the marriage, the age and health of the parties, the income and employability of the par ‑ ties, marital lifestyle, lost economic opportunity as a result of the marriage, and “such other factors that the court may deem relevant and material”. As provided for in the ARA, Massachusetts also recog ‑ nises durational time limits to alimony. Alimony awards that were once vague and ambiguous or lifetime enti ‑ tlements are now subject to specific durational time limits based upon the length of the parties’ marriage. Time limits include: • if the length of marriage is five years or less, gen ‑ eral term alimony shall continue for not longer than half the number of months of the marriage; • if the length of the marriage is ten years or less, but more than five years, general term alimony shall continue for not longer than 60% of the number of months of the marriage; • if the length of the marriage is 15 years or less, but more than ten years, general term alimony shall continue for not longer than 70% of the number of months of the marriage; and • if the length of the marriage is 20 years or less, but more than 15 years, general term alimony shall continue for not longer than 80% of the number of months of the marriage. In marriages that exceed 20 years, Massachusetts courts maintain their discretion to order alimony for an indefinite period of time.
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