Sunday, January 29, 2017

Types of Alimony in Massachusetts

I ran across a nice article from a law firm in Massachusetts regarding the four types of alimony provided for in the Commonwealth. Remember that Massachusetts passed comprehensive alimony reform back in 2011. Minnesota Alimony Reform is trying to achieve similar reform in Minnesota.

General Alimony, which can go on indefinitely, is defined as:
General term alimony is typically awarded in longer term marriages, but can be awarded regardless of the length of the marriage. Massachusetts’ law provides that alimony should not exceed the recipient spouse’s need or 30% to 35% of the difference in income between the spouses.
The length of time general term alimony is awarded for, depends on the length of the marriage:
  • Marriage of 0 – 5 years: General term alimony awarded for no more than 50% of the number of months of the marriage.
  • Marriage of 5 – 10 years: General term alimony awarded for no more than 60% of the number of months of the marriage.
  • Marriage of 10 – 15 years: General term alimony awarded for no more than 70% of the number of months of the marriage.
  • Marriage of 15 – 20 years General term alimony awarded for no more than 80% of the number of months of the marriage.
  • Marriage of over 20 years: The court may order alimony for an indefinite length of time for marriages for which the length of the marriage was longer than 20 years.
There are provisions for ended general alimony upon the cohabitation of the person receiving the alimony or the retirement of the person paying the alimony upon reaching normal full retirement age.

This is hardly radical reform which may be the reason the legislation passed the Massachusetts legislature unanimously and was widely supported by women's groups and bar associations.

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