In family law/divorce-related news, a new law in Massachusetts will significantly alter how state courts can award alimony payments. Governor Deval Patrick signed the bill into law a few weeks ago, and it will take effect beginning in 2012.
Under the terms of the new law, courts can now only order indefinite alimony payments if the couple had been married for 20 years or more.
In addition, courts are limited in the amount of alimony they can allow in a marriage of shorter duration. To illustrate:
- If the duration of the marriage was up to 5 years, the paying spouse can only be ordered to make payments for up to half the number of months the couple had been married.
- If the duration of the marriage was between 5 and 10 years, the paying spouse can only be ordered to make payments for up to 60 percent of the number of months the couple had been married.
- If the duration of the marriage was between 10 and 15 years, the paying spouse can only be ordered to make payments for up to 70 percent of the number of months the couple had been married.
- If the duration of the marriage was between 15 and 20 years, the paying spouse can only be ordered to make payments for up to 80 percent of the number of months the couple had been married.
In something of an about-face for Massachusetts, the new alimony law now allows judges to terminate alimony payments if the recipient is living with another person or in a marriage-like relationship. (The law does not require the recipient be re-married.)
While many legal experts are praising state legislators for finally changing what they saw as an inequitable system, others are afraid the new alimony law will perhaps be too rigid, failing to adequately account for all relevant circumstances.
“It’s arbitrary to have cutoff periods that effectively make it harder for that opportunity loss to be valued in the divorce,” said Wendy Murphy, a law professor at New England Law of Boston. “It’s kind of a one size fits all. I’m worried that the hard lines that have been drawn will become the rule.”
The new law affects alimony judgments beginning March 1, 2012.
To learn more about divorce or alimony/spousal support here in Texas, contact an experienced and skilled legal professional. Names have been withheld to protect the identity of the parties.
This post is for informational purposes only and is not to be construed as legal advice.
Stay tuned for more from our Ft. Worth family law blog …
Source:
The New York Times, “Alimony in Massachusetts Gets Overhaul, With Limits” Sept. 26, 2011
