In 2011 the Massachusetts legislature passed a law that changed alimony in Massachusetts. The law is called the Alimony Reform Act of 2011. I will discuss the proposed changes in this blog. I will post a number of articles as there are too many changes to discuss in one posting. The first topic will be the factors a court will consider when deciding an alimony issue.
Alimony is sometimes awarded when couples get divorced in Massachusetts. It is controlled by G.L. c. 208, § 34. The new bill, if passed, will be a complete overhaul of the law of alimony in the state.
I have created a chart which compares the alimony factors under present law and the proposed law which is included at the end of this article. The new law includes all of the factors that a judge must consider and may consider under current law and adds additional factors. However, the biggest change is a catch all concept that allows the judge to consider any additional factors as the court may deem relevant and material. There have been many decisions where judges have lamented the current limitations that restrict the factors to the those stated in G.L. c. 208, § 34. Under the new law, the Judges won’t have this limitation. This should result in fairer and more equitable results.
While the current factors are preserved, there is additional language that places an emphasis on certain behavior. Abuse that causes physical or mental harm that interferes with a party’s ability to earn income is specifically mentioned in the new law. It appears that health issues that effect one’s ability to earn money are emphasized in the new law as additional language is added to the health factor.
Under current law, alimony may be ordered by a Judge or not ordered. A Judge has no ability to limit an alimony award to a period of time. The proposed law will allow a Judge to impose time limitations. Thus a new factor will be considered: the appropriate period of time for alimony. This new concept in Massachusetts should create more just and fair alimony awards in divorces.
Current Law
G.L. c. 208, § 34.
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Proposed Law
Alimony Reform Act of 2011
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length of the marriage
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length of the marriage
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conduct of the parties during the marriage
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conduct of the parties during the marriage including a party’s inability to provide for his or her own support by reason of physical or
mental abuse by the payor
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age
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age
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health
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health including advanced age; chronic illness; or unusual health circumstances of either party
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station
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station and marital lifestyle
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ability of each party to maintain the marital
lifestyle
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occupation
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occupation and if a party is unemployed or underemployed
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amount and sources of income and employability
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both parties’ income, employment and employability, including employability through reasonable diligence and additional training
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vocational skills
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vocational skills
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estate
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estate
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liabilities
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liabilities
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needs of the each of the parties
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needs of the each of the parties
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opportunity of each for future acquisition of capital assets and income
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opportunity of each for future acquisition of capital assets and income
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amount and duration of alimony
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ability to pay alimony
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economic or noneconomic contribution to the financial resources of the payor spouse and to the marriage
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Significant premarital cohabitation that included economic partnership and/or
marital separation of significant duration
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lost economic opportunity as a result of the marriage and a party’s inability to provide for his or her own support by reason of a party’s
deficiency’s of property, maintenance or employment opportunity
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such other factors as the court may deem relevant and material
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Tax considerations applicable to the parties
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Whether the payor spouse is providing health insurance and the cost of heath insurance for the recipient spouse
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Whether the payor spouse has been ordered to secure life insurance for the benefit of the recipient spouse and the cost of such insurance
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Sources and amounts of unearned income, including capital gains, interest and dividends, annuity and investment income from assets that were not allocated in the parties divorce
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