alimony in Massachusetts

durational limitsThe Supreme Judicial Court’s recent decision of George v. George provides guidance in applying the durational limits contained in the Alimony Reform Act.

The Alimony Reform Act, which went into effect in March 2012, provides that all alimony awards that predate the Act are deemed “general term alimony.” Under G.L. c. 208, §49(b), general term alimony awards end on a date certain based upon the length of the marriage, except upon a written finding by the court that deviation beyond the time limits is required “in the interests of justice.”  Many alimony  payors who file complaints to terminate alimony based on the durational limit are met with the defense that it is in the interests of justice for alimony to continue beyond the durational limits. In the November 28, 2016 decision of George v. George, the Supreme Judicial Court (SJC) sets forth guidelines for how a judge of the Probate and Family Court should apply the “interests of justice” standard.… Keep reading

In March 2012, Massachusetts law on alimony was reformed and codified as General Laws Chapter 208, sections 48 – 55. A judicial hearing has been set for Monday, March 7, 2016 at 1 p.m. at the State House seeking further reform of the alimony statute.

The 2012 alimony reform provided for:

  • Durational limits.
  • Termination of alimony upon a payor reaching retirement age.
  • Reduction or termination of an alimony obligation when a recipient cohabitates.

In 2015, the Supreme Judicial Court issued decisions in three cases interpreting the alimony law and held that only the durational limits apply to alimony cases decided (or settled) before March 1, 2012, while the retirement provisions and cohabitation provisions do not.… Keep reading