Insight into the New Massachusetts Alimony Law

As you may have heard Massachusetts has passed a new alimony law that goes into effect in March, 2012.

The new law sets forth "guidelines" that citizens and practitioners had sought for many years on the issue of alimony a/k/a spousal support. The new law is the result of citizen, attorney, judicial and legislative input with a goal to bring the law into the 21st century and reflect the way married couples and families realistically live today.

Previously, the alimony/spousal support issue was guided by broad, unclear statutory factors from age, health, length of marriage to financial needs and ability to earn or obtain income or assets in the future, contributions to the marriage, etc.

In addition to the statutory factors, the judges were limited in many ways as how to calculate a fair amount of alimony, for how long it should be paid and when and if it should be open to modification. As a result, a couple and attorneys going to trial did not have a good idea as to how their case would be analyzed by the judge which in turn prevented attorneys from predicting the likely outcome.

Since most divorces are similar in nature as to assets, liabilities, and earnings, there was a need to at least set forth in a statute how a court may issue an order on these common scenarios. This in turn would allow divorce attorneys, mediators and court officers to predict within certain parameters how a case will be "viewed" by the courts.

Among the items of the new law most people are pleased to see include:
• A way to compare the earnings of the parties and calculate how much of the difference in earnings will likely be paid as alimony (30-35% of the difference in gross income).
• How to compensate parties to a short term marriages (five years or less) for either contributions to the other spouse, award a dollar figure to allow the lesser earning party to "transition" into the world again, and allow a party to train or "rehabilitate" themselves to get back into the work force or improve their station in life.
• How much and for how long parties will pay/receive support based on earnings of the parties and length of their marriage.
• How to coordinate the payment of spousal support when child support is also being paid.
• Allowing the parties to best characterize child support and alimony as it relates to taxes.
• Allowing under certain circumstances to modify previous alimony awards by the court using the new law.
• Setting forth in general endpoints to alimony based on the payor's retirement as defined by social security laws.

Keep in mind the parties are able, as has always been the case, to agree to their own alimony amount/duration or alimony waivers subject to the court's approval.

The bottom line of this law as I see it; is that it will allow for many more settlements prior to trial in represented cases and cases processed by the use of mediation and collaborative law, now that these guidelines exist. This will hopefully allow for parties to take control over their own situation making educated and informed decisions. The financial aspects of the divorce will now be handled by competent professionals working with attorneys, mediators and collaborative professionals saving a great deal of time and expense to our clients and preserving family peace after a divorce.
Attorney Allan Baron has been practicing law for over 30 years in the areas of elder issues, estate planning, financial issues, real estate, and divorce. He is an