Like many laws in Massachusetts, the law regarding alimony—the legal obligation to financially support a spouse after a divorce—dates back to the state's early days, except for an update in the 1970s.
That changed when Governor Deval Patrick signed a new alimony law on September 26, 2011, which went into effect on March 1. The changes in the alimony law are largely thanks to Steve Hitner, president and co-founder of the organization Mass Alimony Reform.
We spoke with Hitner, who is also president of usdivorcemediation.com, about the drastic changes in child support laws and who they will affect. Check out some of the changes here.
“[Alimony was first] was mentioned in American history in 1785, in the Massachusetts Constitution, and it was based on English law, according to which the woman became his property when the man married. And even after the divorce he had to take care of his property,” said Hitner. “And it was not revised in Massachusetts until the 1970s, when divorce without fault [was added]but the other criteria were never revised for that time.''
That's how it used to be: In Massachusetts, all alimony payments were considered lifetime alimony.
“The public policy at the time was that the receiving spouse had the ability to maintain the marital lifestyle,” said Hitner. “Ability to pay was not a factor.”
Now: People can terminate their maintenance claim when they reach retirement age, giving them time to save money for their retirement.
This is how it used to be: If the spouse paying maintenance remarried, the spouse entitled to maintenance could again sue in court and obtain an increase in his or her maintenance claim based on the income of the second spouse.
The following now applies: If the person liable to pay maintenance remarries, the income and assets of the new spouse will not be taken into account when recalculating maintenance.
New deadlines for maintenance:
Long-term marriages (more than 20 years): Maintenance ends when the retirement age specified in the Social Security Act is reached.
5 years or less: The maximum maintenance period is 50% of the number of months of marriage.
10 years or less but more than 5 years: The maximum maintenance period is 60% of the number of months of marriage.
15 years or less but more than 10 years: The maximum maintenance period is 70% of the number of months of marriage.
20 years or less but more than 15 years: The maximum maintenance period is 80% of the number of months of marriage.
This is how it used to be: once the person receiving maintenance remarried, their maintenance payments stopped. This meant that recipients could live with their new partners while avoiding marriage in order to continue receiving maintenance payments.
“Let me ask you: If you were getting $50,000 a year in alimony, would you get married?” asked Hitner.
Now: If you live together, maintenance payments are suspended, reduced or terminated. “If someone lives together, they lose their maintenance payments,” said Hitner.
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