The Massachusetts Senate and House of Representatives have passed the Alimony Reform Bill, and it is expected to be signed by Governor Deval Patrick. Once signed, the new Alimony Reform Act will become effective on March 1, 2012. The bill, having been passed at the recommendation of a special task force appointed in 2009, marks the first time in two decades that the Legislature has updated the Commonwealth’s alimony laws.

In Massachusetts, alimony is governed by Massachusetts General Law, Chapter 208, Section 34, but the existing statute is very vague, giving the court broad discretion and a minimum amount of guidance in awarding alimony. For most attorneys and litigants, trying to figure out alimony payments and duration has been a nightmare because they have had no clear formula to use, unlike child support calculations.

In contrast, the new statute will provide clear directives regarding the calculation of alimony payments, expressly dictating amount and duration. While there is still some discretion for the courts, there is now much greater certainty. Having clear and certain numbers helps both the courts and attorneys to negotiate a proper and fair settlement for parties in a divorce.

The new alimony law provides for 4 different types of alimony: General Alimony, Rehabilitative Alimony, Reimbursement Alimony and Transitional Alimony.

General Alimony
General Alimony refers to what we traditionally think of as alimony. It is the periodic payment of support to a recipient spouse who is economically dependent on his or her former spouse. Under the new statute, the length that General Alimony payments may last depends on the length of the marriage:

• a) If marriage is 5 years or less, then alimony payments are for no more than half the length of the marriage
• b) If marriage is more than 5 years but less than 10 years, then alimony is no more than 60% of the length of the marriage
• c) If marriage is more than 10 years but less than 15, then alimony is no more than 70% of the length of the marriage
• d) If marriage is more than 15 years but less than 20, then alimony is no more than 80% of the length of the marriage
• e) If the marriage is more than 20 years, alimony payments can be lifetime.

General Alimony is terminated upon death, remarriage of the recipient spouse, or cohabitation of the recipient spouse. General Alimony cannot be reinstated by a modification following the remarriage of the recipient spouse, but can be reinstated following the breakup of the cohabitation. General alimony will terminate upon the payor reaching retirement age.

Rehabilitative Alimony
Rehabilitative Alimony is the periodic payment of support to a recipient spouse who is expected to become economically self-sufficient with a certain period of time. Under the new law, Rehabilitative Alimony may be ordered for no more than 5 years initially, but may be extended by order of the court.

Reimbursement Alimony
Reimbursement Alimony is the periodic or one-time payment of support after a marriage of not more than 5 years to compensate the recipient spouse for economic or non-economic contribution to the financial resources of the payor spouse. These payments are terminated upon death or on a specific date, but cannot be modified and are not calculated based on income.

Transitional Alimony
Transitional Alimony refers to the periodic or one-time payment of support after a marriage of not more than 5 years to transition the recipient spouse to an adjusted lifestyle or location as a result of the divorce. Transitional Alimony may be ordered for no more than 3 years and cannot be modified. The amount of alimony will be 30-35% of the difference between the parties’ gross income.

This reform is long overdue since the Massachusetts alimony statute is outdated and lags behind the reform of most other states. If you have any questions on how the Alimony Reform Bill affects your existing alimony payments, please contact our office.