You’ve probably heard the buzz about the new alimony law in Massachusetts. Here are some answers to your questions. Why should I care about the new law if it does not take effect until March 12, 2012? You should talk to your attorney about how it might impact you even now. For example, you may want to start thinking about whether to request a modification of your current alimony arrangement, or you may want to use the new law to frame current alimony negotiations. What are the four types of alimony? General term alimony is alimony given for a specified duration. There are three other types of alimony in Massachusetts: rehabilitative alimony, reimbursement alimony, and transitional alimony. The purpose of rehabilitative alimony is to help a recipient spouse become economically self-sufficient by a predicted time. The purpose of reimbursement alimony is to compensate the recipient spouse for an economic or non-economic contribution to the financial resources of the payor spouse. The purpose of transitional alimony is to transition the recipient spouse to an adjusted lifestyle or location following the divorce. Ask your attorney which type of alimony is most appropriate in your divorce. How long will “general term” alimony last under the new law? For general term alimony, it depends on the length of your marriage (i.e. the number of months married): General term alimony shall terminate upon the payor attaining the full retirement age, although you should ask your attorney about exceptions. What is the amount of alimony for “general term” alimony? General term alimony shall not exceed the recipient’s need or 30 to 35% of the difference between the parties’ gross incomes at the time the order was issued. This information inspires me to file an action to modify my current alimony arrangement. Under the new law, when can I file my action to modify? – If your marriage is five years or less, you may file a modification action as of March 1, 2013. Be sure to speak with your attorney if you will reach retirement age before your date to file a modification action.
– If your marriage is five years or less, at a maximum you will receive/pay alimony for half the number of months of the marriage.
– If your marriage is ten years or less, but more than five years, at a maximum you will receive/pay alimony for 60% of the number of months of the marriage.
– If your marriage is fifteen years or less, but more than ten years, at a maximum you will receive/pay alimony for 70% of the number of months of the marriage.
– If your marriage is twenty years or less, but more than fifteen years, at a maximum you will receive/pay alimony for 80% of the number of months of the marriage.
– If your marriage is longer than twenty years, the court may order indefinite alimony.
– You should speak ask your attorney about exceptions to these general rules.
– If your marriage is ten years or less, but more than five years, you may file a modification action as of March 1, 2014.
– If your marriage is fifteen years or less, but more than ten years, you may file a modification action as of March 1, 2015.
– If your marriage is twenty years or less, you may file a modification action as of September 1, 2015.