Alimony cases come with their complications, and the Alimony Reform Act raised may questions for people who already had alimony orders prior to 2012. As with any other element of domestic law, it truly runs on a case by case basis. To give you an idea, we will dive into two alimony cases that resulted in significant decisions for the parties involved. But before you head in full force, why don’t we take a moment to go over The Alimony Reform Act of 2011; it’s important to the story trust me. Though the act did not alter the definition of alimony, it did make adjustments to specific aspects such as the durational limits. In the act, it was decided that if a marriage lasted less than 20 years, there may be an option to terminate payments at a certain point. Now, let’s give some background on the couples shall we? Our first case, featuring Joanne M. Popp and Robert L. Popp , centers around a change in alimony payment due to cut wages. A huge factor in this case is the duration of th...

In September of 2011, the Alimony Reform Act was signed into law in Massachusetts, and it took effect on March 1, 2012.  We've previously summarized the many changes that this Act brought to Massachusetts Alimony Law: The New Massachusetts Alimony Law in a Nutshell.   As with many new laws, though, it raised as many questions as it answered.   Now that this law has been around for two years we are starting to receive answers to some of those questions from the Appeals Court and SJC. One of these questions was whether temporary alimony orders count against the duration of general term alimony orders which begin only after a final Judgment.  The new alimony law contains duration limits in M.G.L. c. 208 § 49 , which create a presumption that alimony ends at a certain time based on the length of the marriage.  For example a marriage of between 15 and 20 years, could have alimony as long as 80% of the length of the marriage.  For a marriage of 15 years thi...

Until 2011, there was no formula enacted or endorsed by the Massachusetts Legislature or the Courts for the calculation of duration of alimony. However, on September 26, 2011, Governor Deval Patrick signed into law The Alimony Reform Act of 2011 , which became effective on March 1, 2012. The act provides for multiple types of alimony, and for maximum amounts and duration of alimony. The new law also limits the duration of General Term Alimony : General Term Alimony Ends Upon: Remarriage of the recipient; Death of the recipient; Death of the payor (though the court may order life insurance or reasonable security for payment of sums due to the recipient in the event of the payor's death during the alimony term); Except when the court finds that deviation is warranted, upon the expiration of the duration formula calculated below; Upon the cohabitation of the recipient spouse with another person for a continuous period of at least three months (may also result in suspension o...

Hopefully not! However, it does make anniversaries more important than they already are. Under the Massachusetts Alimony Reform Act of 2011, which becomes officially effective on March 1, 2012, general term alimony will now have a time limit, determined by the length of the marriage. For marriages lasting 5 years or less , general term alimony will last no longer than one-half of the number of months of the marriage. For marriages lasting more than 5 years but less than 10 years , general term alimony will last no longer than 60% of the number of months of the marriage. For marriages lasting more than 10 years but less than 15 years , general term alimony will last no longer than 70% of the number of months of the marriage. For marriages lasting more than 15 years but less than 20 years , general term alimony will last no longer than 80% of the number of months of the marriage. For marriages lasting more than 20 years , the court may order that general term alimony wi...