Massachusetts law has long recognized the need for alimony when a couple divorces if one spouse is likely to earn much less than the other. Alimony, also called spousal support, is aimed at helping to support the less well off spouse after divorce for a period the length of which depends on how long there is continued dependence on payments from the better off ex spouse.
Payors (the partner who makes alimony payments) have complained that the alimony payments they had to pay were often too much of a burden, especially when the earning capacity of either the payor or payee (the partner receiving alimony payments) changed at some point after divorce and that these changes were not taken into account fairly enough.
In 2012, the law changed to address these complaints and at the same time helped to clarify how long alimony should be paid, how much should be paid and what circumstances might mean that alimony was no longer necessary. The impacts of the Alimony Reform Act of 2012 are explained further below.
Standardized maximum lengths for alimony payments
One of the main changes to the state’s alimony rules after the passing of the Alimony Reform Act was the maximum length that alimony needed to be paid by the payor to the payee. In basic terms, the longer the duration of the marriage before divorce, the longer is the maximum period that alimony may be payable. Of course, as was the situation before the 2012 Act, once the payee became financially independent, or cohabited with another partner or remarried, this continued to be taken into account when determining when alimony payments could cease.
- For marriages of 5 years or less, alimony need not to continue for more than half the length of the marriage. For example, for a marriage that only lasted two years, alimony, when required, need only last a year.
- For marriages of between 6 and 10 years, the maximum length of alimony payments is now 60% of the length of the marriage. For example, for a marriage that lasted 8 years, alimony need not continue after 4 years and 10 months.
- For marriages of between 10 and 15 years, the maximum length of alimony payments is 70% of the length of the marriage.
- For marriages that lasted between 15 and 20 years, the maximum length of alimony payments is 80% of the length of the marriage.
- For longer marriages than 20 years duration, alimony may be indefinite. This term is not to be understood to be the same as “lifetime” and the actual cessation of alimony would be under the discretion of the court.
Amounts of alimony payments ordered
The Act did not substantially change what payments needed to be paid as this has always depended on the exact and unique circumstances of each divorcing couple. Courts continue to assess the level of dependence prior to divorce of the spouse who was less well off and make a specific judgment on the amount of payment, which would also be subject to assessment of the earning capacity and assets of the payor. Other factors that affect the amount of alimony payments include the relative contributions of each spouse prior to the divorce over the length of the marriage. For example, if one spouse gave up earning the level of income they could have earned to look after children or carry out a disproportionate amount of domestic chores, then this might affect the amount of alimony payments ordered.
The Alimony Reform Act did make changes to the categories of payment when marriages lasted no more than 5 years.
For example, when an ex-spouse helped to support their partner through job training or course at an educational institution, then they may be awarded a reimbursement alimony payment to help compensate them for their financial sacrifice.
If an ex-spouse is expected to become financially independent sooner rather than later because they are receiving training or attending an educational course which is likely to increase their job or income prospects, then a rehabilitative alimony payment may be ordered. This is usually only for a defined, shorter period of time.
Finally, a transitional alimony payment may be ordered to help the payee spouse through a specific transition phase of their life such as a change in residential location or lifestyle.
Alimony suspension due to cohabitation, remarriage or retirement
Alimony rules prior to the Alimony Reform Act of 2012 always took into consideration the possibility that the payee spouse may remarry. If this happened, alimony payments could be suspended. To take into consideration more modern socially acceptable circumstances where couples cohabit rather than marry or cohabit prior to remarrying, the 2012 Act specifies that payors need not pay alimony or can reduce the amount of alimony if the payee cohabits with another partner for a continuous period of three months or more. Remarriage remains a reason for suspension of alimony payments as it did before the 2012 Reform Act came into operation.
Another reason for suspension of alimony payments is the retirement of the payor. Once social security payments are commenced, the payor is not expected to continue paying alimony, even if he or she decides to continue to work.
Alimony payment modifications must be filed with the court
If the payor has evidence to believe that alimony payments should be reduced or discontinued for any of the reasons given above or because the payee has become independent financially of payments, then a request for modification must be filed with the court. In fact, either the payor or payee can seek to modify the alimony payments for a legitimate reason at any time by filing a request for a modification with the court.
Alimony payments can be frustrating for both ex spouses for different reasons and if there is any reason to change the order for alimony payments made originally by the court, it can help to contact an experienced and empathetic family law or divorce attorney for legal help.