The SJC reached a decision on 1/30/2015 on three cases that interpreted the modification provisions of the Alimony Reform Act.  The SJC disagreed with our prior interpretation and decided that the provisions on retirement age and cohabitation can not be read retroactively.  To read more on these decisions check out our post here:  Lifetime Alimony is Back (for some)! - Chin v. Merriot . If your case is a post March 1, 2012 case then all of the Act's provisions apply to you and your case would be modifiable pursuant to the terms of your Judgment read in conjunction with all provisions of the Act.  The following flow-chart depicts the decision tree for determining whether you qualify for a modification of a Massachusetts alimony order under The Alimony Reform Act of 2011 if your original divorce was completed prior to March 1, 2012: You may reprint or distribute this Infographic on your website so long as the copyright and contact information for Kelsey & T...

UPDATE: This infographic has been updated for greater accuracy: http://kelseytrask.blogspot.com/2011/12/modification-under-alimony-reform-act.html .  The following flow-chart depicts the decision tree for determining whether you qualify for a modification of a Massachusetts alimony order under The Alimony Reform Act of 2011. You always have the ability to reach an agreement for modification, but in the event that you and your ex-spouse disagree about whether a modification order should be changed, this chart can help you figure out whether a court will change your order. You may reprint or distribute this Infographic on your website so long as the copyright and contact information for Kelsey & Trask, P.C. remains attached to the bottom of the image. To reprint copy and past the following code: <a href='http://familylaw.kelseytrask.com/blogimages/AlimonyModificationFlowchart.jpg'><img style='display:block; margin:0px auto 10px; text-align:center;...

You may reprint or distribute this Infographic on your website so long as the copyright and contact information for Kelsey & Trask, P.C. remains attached to the bottom of the image. To reprint copy and past the following code: Click here for more information about Alimony in Massachusetts .

As expected, Massachusetts Governor Deval Patrick signed into law the Alimony Reform Act of 2011 yesterday. The new law, which becomes effective March 1, 2012, makes significant changes to alimony in Massachusetts. Here are just some of the changes: The new law defines multiple types of alimony: Types of Alimony Defined: General Term Alimony: periodic payment of support to a recipient who is economically dependent. Rehabilitative Alimony: periodic payment of support to a recipient spouse who is expected to become economically self-sufficient by a predicted time, such as, without limitation, reemployment, completion of job training; or receipt of a sum due from the payor spouse pursuant to a judgment. Reimbursement Alimony: periodic or one-time payment of support to a recipient spouse after a marriage of not more than five years and for the purpose of compensating the recipient for economic or noneconomic contributions to the financial resources of the payor spouse, such as enabling t...

Yesterday, the Massachusetts House of Representatives passed the Senate version of the Alimony Reform Act of 2011, meaning that its only remaining hurdle before becoming law (although it has an effective date of March 1, 2012) is Governor Patrick's signature. Governor Patrick has previously indicated his support for the bill. For more information about the Alimony Reform Act of 2011 check out MassAlimonyFormula.com

Both the House of Representatives and the Senate in the Massachusetts State House have unanimously passed the Alimony Reform Act of 2011, however, the Senate changed a few words. Proponents of the bill are hoping that it avoids going back to committee, and as of now it is unclear as to whether a full House vote will be required. The bill is still expected to pass, but this is a bump in what has for some been a very long road towards reform.

UPDATE: The Massachusetts Alimony Reform Act of 2011 was signed by the Governor on September 26, 2011. The new law, which becomes effective March 1, 2012, makes significant changes to alimony in Massachusetts. Read more about these changes here. The Massachusetts Alimony Reform Act of 2011 has been passed by both the House and the Senate and now awaits the Governor's signature. Once it is passed, which is almost assured at this point, there will be many questions about how it is implemented. The one I am receiving most often already is: How will alimony be calculated in cases with child support? The section of the Alimony Reform Act that addresses this question is Section 6(c): "For purposes of setting an alimony order, the court shall exclude from its income calculation: (1) Capital gain income and dividend and interest income which derives from assets equitably divided between the parties under Section 34; and (2) Gross income which the court has already cons...

According to the Boston Globe , the Massachusetts House has approved the Alimony Reform Act of 2011 unanimously and the bill now waits for a vote by the Senate. To read more about the act visit MassAlimonyFormula.com

On May 18, 2011, a public hearing took place at the Massachusetts State House before the Joint Committee on the Judiciary. The bills that garnered the most attention involved human trafficking, redefining joint custody, and the Massachusetts Alimony Reform Act of 2011 (S0665) . While efforts to reform alimony in Massachusetts have fallen short in the past, the atmosphere was one similar to watching an athlete jog a victory lap. In a forum designed to encourage debate and dissenting opinions, there was no notable opposition to the bill, as the Joint Task Force established by the Judiciary Committee seems to have crafted a bill that expected to pass this session. Steve Hitner, the co-founder of the Mass Alimony Reform group, received a standing ovation and a round of applause just prior to testifying. Usually, such welcomes operate against the rules of decorum, but Committee co-chairs Eugene O'Flaherty (D-Chelsea) and Cynthia Stone Creem (D-Newton) allowed it, recognizing the e...

The Alimony Reform Act of 2011 has had a lot of buzz in the past few months. Since it's filing, over 130 legislators have signed on as Petitioners and many family law practitioners have expressed their support for the bill. Despite some reservations we at Kelsey & Trask, P.C. have about the bill, we believe that it is a significant improvement over the current alimony law in Massachusetts. In addition, we recognize that some of the provisions that we think could be improved (such as the child support integration) were the result of significant compromise from all of the interested parties (lawyers, judges, citizens and advocates). Therefore, we at Kelsey & Trask, P.C. support the efforts of Bill Sponsor Gale Candaras and the numerous petitioners to have this bill entered into law as soon as possible. If you agree, voice your opinion to your state legislators. The Joint Committee on the Judiciary is holding a hearing this Wednesday, May 18, 2011 at 1:00 P.M. i...

The Alimony Reform Act of 2011 has started to generate some buzz in the news: WGBH Panel Discussing both sides of the Alimony Bill: WCVB News: State May Eliminate Alimony for Life (Video) Fox25 News: Alimony reform bill: Are changes on the way? Click here to read our summary of the bill.

The Alimony Reform Act of 2011 is legislation currently pending in Massachusetts which would significantly change how the Courts here handle alimony cases. The proposed bill would limit the duration and amount of alimony, exclude payor's second spouse income, and end (or reduce) alimony upon cohabitation and retirement. Of course, these changes are controversial and in many cases favor payors. On the other hand, payors will argue that the current law unreasonably favors recipients. Whether you are in favor or against the Alimony Reform Act of 2011, if you are a resident of Massachusetts you should make your opinion known. Contact your State Senator and Representative and tell them whether you want them to become additional sponsors or oppose the bill. If you want to know who your representatives are click here. Massachusetts Alimony Reform , an organization in favor of the bill (obviously given their choice of name), has provided a sample letter to send if you also favor t...

On January 18, 2011, Senator Gale D. Candaras (D - Wilbraham) and Representative John V. Fernandes (D - Milford) filed An Act to Reform and Improve Alimony . The Act proposes sweeping changes to the Massachusetts alimony laws, and has already been endorsed by the Massachusetts Bar Association. As we discussed in an article on December 3, 2011 , a Legislative Task Force was created to recommend changes that would reach a consensus between Judges, attorneys and the alimony reform advocates. The Act proposed by Senator Candaras and Representative Fernandes is the result of that Task Force's hard work and according to the Press Release, the Act has the unanimous support of all members of the Task Force. Kelsey & Trask, P.C., the authors of this Blog, have created a website that summarizes the provisions of the Act and provides a calculator based on the General Term Alimony recommendations: MassAlimonyFormula.com . Here are some of the highlights: M.G.L. c. 208 s. 34 Curr...

UPDATE: There is pending legislation for major changes to the alimony statute in Massachusetts. The Alimony Reform Act of 2011 was filed on January 18, 2011 and you can learn more about the Act at MassAlimonyFormula.com or in our recent blog post highlighting the differences between the bill and the current law . Fox25 News and Steve Hitner of Mass Alimony Reform are reporting that the Legislative Task Force on Alimony has reached agreement on a final draft for an Alimony Reform Bill of 2010. The Bill will likely be filed in the next few weeks and may then be subject to further changes in legislative committee. Once the bill is available, we will be posting our thoughts and comments. MA Alimony Laws: Close to Reform?: MyFoxBOSTON.com For more information see our previous posts on this subject: Alimony Reform: Stay Tuned! - December 3, 2010 It's a Trap! The Massachusetts Alimony Debate - February 13, 2010

UPDATE: There is pending legislation for major changes to the alimony statute in Massachusetts. The Alimony Reform Act of 2011 was filed on January 18, 2011 and you can learn more about the Act at MassAlimonyFormula.com or in our recent blog post highlighting the differences between the bill and the current law . As previously reported on this Blog , there is an ongoing (and at times heated) debate in Massachusetts right now over how to amend the alimony statute. Despite how long this debate has been going on, it appears that we may finally be closer to some changes. The Legislative Task Force appointed by Newton Senator, Cynthia Creem, is reportedly close to a recommendation which could have the backing of Judges, attorneys and at least some of the reformists. Although the final Bill is not complete yet, it will likely be filed prior to the deadline for this session, January 21, 2011, and include provisions relating to guidelines and duration as recomended by the Joint Task Force ...

UPDATE: There is pending legislation for major changes to the alimony statute in Massachusetts. The Alimony Reform Act of 2011 was filed on January 18, 2011 and you can learn more about the Act at MassAlimonyFormula.com or in our recent blog post highlighting the differences between the bill and the current law . The Boston Bar Association has unanimously voted to endorse the Report of the Joint MBA/BBA Alimony Task Force: Alimony or Spousal Support Guidelines where there are no Dependent Children . The Report recommends an alimony cap based on a formula. It also recommends durational limits on alimony and lists specific instances where the recommendations would not apply, such as cases where the recipient is so disabled as to become a ward of the state. The Report also allows for deviation based on certain factors, which include cohabitation. As indicated in a previous Alimony debate post , this is the type of reform that we believe would be an improvement over the current state o...

UPDATE: There is pending legislation for major changes to the alimony statute in Massachusetts. The Alimony Reform Act of 2011 was filed on January 18, 2011 and you can learn more about the Act at MassAlimonyFormula.com or in our recent blog post highlighting the differences between the bill and the current law . Because of my involvement in the creation of the Divorce Spousal Support Calculator I am often asked if I think alimony in Massachusetts is fair. Of course, this is a loaded question, and so my typical answer is that nothing in the law is "fair", it is simply our best efforts to be "fair and equitable." In creating the Calculator, however, I have already expressed a desire for greater consistency. This in itself is an admission that I would like to see improvement in the current statute. Many others have expressed there displeasure with the current statute as well. As a result there is an ongoing (and at times heated) debate in Massachusetts right now...