Massachusetts' Alimony System Updated with New Rules
A new alimony law in Massachusetts may help people who divorce gain further financial separation.
December 11, 2011 /24-7PressRelease/ -- Massachusetts' Alimony System Updated with New Rules
Divorce offers the chance to start anew, but obligations to a former spouse like alimony can inhibit the feeling of separation. A new alimony law in Massachusetts may help people who divorce gain further financial separation. According to its advocates, the new alimony law will better tailor the payment obligation to what the paying person is actually able to afford.
New Alimony Law in Massachusetts
The new alimony law in Massachusetts will allow people to divorce without the requirement to pay alimony indefinitely to a former spouse. The new law also allows for alimony or spousal maintenance to be set according to specific guidelines.
The former alimony system in Massachusetts often required the payment of lifelong alimony regardless of the length of the marriage that was dissolved. The rule was in opposition to the majority of alimony or spousal maintenance laws in the most states. In addition, the former law also required alimony payment after the paying spouse retired and even when the spouse receiving payments began to live with a new partner.
The new alimony law will go into effect on March 1. Under the new alimony law, alimony payments cease when a paying spouse retires. The new law also sets payment obligation limits that are dependent on the length of the dissolved marriage. For example, a person involved in a shorter marriage that lasts no longer than five years may pay alimony up to half of the length of the marriage. For a longer marriage, the former spouse may pay up to 80 percent of the length of the marriage.
Pros and Cons of New Alimony Law
Those in favor of the new alimony law say the law allows former spouses to completely end their past relationship. Others who support the new alimony system say the old system was too rigid and forced some into poverty while they tried to honor their alimony obligations, and proponents say some people with life-long alimony payments were not able to retire. Families may have better control of their financial future under the law as well.
Observers of the change say the alimony system in Massachusetts has gone from one extreme of long, open-ended alimony obligations to the dependence of exact guidelines that specifically dictate exactly when alimony ceases. While those in favor of the new law say it offers discretion, critics say the new specificity created by the guidelines is so specific that the law does not allow for discretion. Critics say the unintended result may be that the law will treat all lengths of marriage the same despite the difference in composition of those marriages.
If you are considering divorce or going through divorce, contact an experienced Massachusetts divorce lawyer to discuss your options regarding alimony.
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