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Massachusetts Alimony Reform Act of 2012
On September 26, 2011 Governor Deval Patrick signed “An Act Reforming Alimony in the Commonwealth” with an effective date of March 1, 2012. For full understanding the Act should be read in its entirety.
Contact Attorney Cullen to discuss your individual situation.
Definitions Summary
General Term Alimony: the periodic payment of support to a recipient spouse who is economically dependent.
Termination of General Term Alimony:
- Payor attaining full retirement age (see Act for definition of “full retirement age”)
- Remarriage of the recipient spouse or death of either spouse
- Cohabitation of the payee spouse for a period in excess of 3 months (see Act for definitions and additional provisions relating to cohabitation)
- Per the alimony duration period calculated in the above formula
- By a date agreed upon between the parties or otherwise ordered by the Court at the Court’s discretion.
Rehabilitative Alimony: the periodic payment of support to a recipient spouse who is expected to become economically self-sufficient by a predicted time, such as reemployment, completion of job training, or receipt of a sum due from the payor spouse under a judgment.
Termination of Rehabilitative Alimony:
- Remarriage of the recipient spouse or death of either spouse
- The occurrence of a specific event in the future
- Not longer than 5 years
Transitional Alimony: the periodic or one-time payment of support to a recipient spouse 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.
Termination of Transitional Alimony
- Death of the recipient spouse
- A date certain but not longer than 3 years from date of divorce
Reimbursement Alimony: the periodic or one-time payment of support to a recipient spouse after a marriage of not more than 5 years to compensate the recipient spouse for economic or none economic contribution to the financial resources of the payor spouse, such as enabling the payor spouse to complete an education or job training.
Modification of Existing Alimony Orders: All prior alimony orders shall be considered General Term Alimony for modification purposes. The Act will allow the court to modify the duration of prior alimony orders, subject to the following conditions:
- Marriage of less than 5 years: Complaint for Modification may be filed on or after March 1, 2013
- Marriage of 5 to 10 years: Complaint for Modification may be filed on or after March 1, 2014
- Marriage of 1 to 15 years: Complaint for Modification may be filed on or after March 1, 2015
- Marriage of 15 to 10 years: Complaint for Modification may be filed on or after Sept. 1, 2015
- Payor has attained full retirement age: May be filed on or after March 1, 2013
- The new Act does not permit a modification to the duration of a prior alimony order for any Divorce Judgment that survives as an independent contract.
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