Well into the 2000s, it was still possible to get a divorce in Massachusetts that resulted in lifetime, or permanent, alimony. Since the Alimony Reform Act of 2011, however, Massachusetts judges are no longer able to grant lifetime alimony in a divorce.
As these changes to the law are relatively recent, there are still divorced couples who have terms of permanent alimony in play. The Alimony Reform Act also affects other types of alimony, as well as what changes can justify the modification or termination of alimony in general. In this article, we will examine the current state of lifetime alimony agreements as well as what alimony reform can mean for divorcing or divorced couples today.
What Are the New Limits for Alimony in Massachusetts?
Before the Alimony Reform Act passed in 2011, a judge could order lifetime alimony even when short-term marriages ended. Now, the limits to alimony terms are tied to the length of the marriage.
A Massachusetts judge cannot award alimony beyond these limits, which are based on how many months the marriage lasted:
- 0-5 years of marriage: Alimony cannot last for more than 50% of the marriage’s length
- 5-10 years: No more than 60% of the marriage’s length
- 10-15 years: No more than 70% of the marriage’s length
- 15-20 years: No more than 80% of the marriage’s length
- 20 years or more: Not beyond full retirement age, as set by the Social Security Act (typically until age 67)
These are the guidelines for general term alimony. Other terms apply when it comes to rehabilitative alimony (alimony that lasts until the dependent spouse can support themselves), reimbursement alimony (repays a spouse who supported the other through school or other career advancement), or transitional alimony (typically for short-term marriages).
While the new laws eliminated the possibility of lifetime alimony, they did still provide the possibility of alimony terms being extended in cases where:
- There has been a substantial change in the circumstances that affected the original alimony term limit, and;
- There is substantial evidence to demonstrate this change and the need to extend the term of alimony.
What Affects the Duration of Alimony?
While a judge was once able to order permanent alimony in a wide range of divorce cases, even before changes were made to the laws, it was far likelier that in short-term marriages, another type of alimony would have been awarded. These principles still apply today, even when a judge can only award alimony until retirement age.
A judge’s decision on whether to award general alimony for the maximum term limit depends on factors such as:
- The health of each former spouse
- The length of the marriage
- Each former spouse’s ability to support themselves
- Incomes and lifestyle expectations
- How much each former spouse contributed to the marriage
In a Massachusetts divorce, a judge still has the latitude to factor in any information they deem important for alimony considerations. Since these aren’t hard and fast guidelines, your choice of alimony attorney can be crucial in making sure important factors are presented to the judge.
Modifying & Terminating Lifetime Alimony Agreements
What about lifetime alimony that has been awarded in the past? No alimony agreement is set in stone. There are circumstances that can necessitate ex-spouses to petition a judge for a modification or termination of alimony.
Even in cases of permanent alimony, alimony payments can be terminated if:
- The payer reaches retirement age
- The recipient cohabitates with another partner
- The recipient remarries
Per the Alimony Reform Act that ended lifetime alimony, a judge might not be allowed to factor the following when considering and/or modifying alimony:
- The assets and income of the payer’s spouse after remarrying
- Gross income that was factored into child support calculations
- Overtime wages and income from a payer’s second job
Not All Permanent Alimony Orders Are for Life
Even after a divorce is finalized, even if it involved lifetime alimony, this type of spousal support can still lead to legal challenges for payers and recipients alike. Whether life changes make your current alimony terms unsustainable, or you’re considering filing for divorce, you need to speak with an alimony lawyer in Massachusetts as soon as possible. It’s best to be aware of your legal options, as well as what financial information you’ll need from your spouse or your ex. An attorney can help you get answers to all of your alimony-related questions and concerns.