Alimony Reform?by Ponichtera & DeNardis, P.C. on 02/17/11
The Massachusetts Bar Association and the Women's Bar Association recently voted to support the proposed "Alimony Reform Act of 2011". Now the Act is making it's way through the Massachusetts legislature. If passed the Act promises to bring big changes to Alimony judgments in the Commonwealth of Massachusetts. Presently Alimony awards in Massacusetts are typically unpredictable and can be subject to continuation until the death or remarriage of the former spouse.
The Act provides for predictability of alimony awards. Alimony is defined within the act as the payment of support for a reasonable amount of time. Different types of alimony are provided for and defined within the act including General Term Alimony, Rehabilitative Alimony, Reimbursement Alimony and Transitional Alimony. Durational limits are set depending upon the length of the marriage. Full Retirement Age is set as the termination date for Alimony which is defined as the payor's usual or ordinary retirement age for United States old-age social security benefits.
An important provision of the Act provides that the enactment of the statute shall be deemed a material change of circumstances sufficient to warrant the modification of the durational limits of an existing alimony award that exceeds the durational limits set forth in the act. Specific timelines are set for the filing of requests to modify existing alimony orders. The passage of the Alimony Reform Act of 2011 will llikely provoke a flurry of activity from payors seeking a relief from alimony awards that extend beyond retirement.
Check back here for progress on this important legislation and how it may affect you.