Massachusetts Alimony Reform-Is it Working?

STONEHAM, Mass. - Aug. 5, 2014 - PRLog -- Divorce and alimony are not what they used to be.  What each payer pays and what each recipient receives vary greatly from state to state.  Currently there is an alimony reform movement sweeping the country.  Massachusetts was one of the first states to push for alimony reform, framing alimony a lot more like child support, which is awarded dependent upon a standardized formula that includes length of marriage and other measureable factors.

The aim of alimony adjustment activists, mostly men, is to change alimony, or spousal support, making it more calculable and just.  Shocking stories exist of men paying alimony to their ex-spouse well into their retirement years, when their incomes are considerable decreased.  Others are coerced into filing bankruptcy since disproportionate awards drain their finances.  When judges awarded spousal support under the prior scheme, there were absurd differences in the amounts of alimony awarded.  It depended on what judge was assigned to the case and how they were feeling that day.

Nonetheless, men are not the only ones seeking a change in spousal support laws.  Second wives are also seeking to adjust the spousal support scheme, resenting that they are bankrolling, albeit secondarily, the support of their husband’s ex.  Spousal support laws were intended to get spouses back on their feet after divorce, not as lifetime support.

Is there an answer for the reform of spousal support other than the desire for that is fair and just?  It turns out there is.  A major argument is that societal change makes it probable and even likely that women aim to be paid as much as or more than their husbands.  There are considerably fewer women who do not work outside of the household than in prior generations, making it less likely that a divorced woman will be unable to provide for herself and become poverty stricken.

The Alimony Reform Act of 2011 created assorted types of alimony that depend on factors such as the length of marriage and the financial condition of each spouse.  It additionally allows those who pay support to modify the terms of the alimony payment later on, something that was nearly impossible under the prior law.  The revolutionary act ends support payments when the payer retires and also may stop or suspend payment when the beneficiary cohabitates with another.

The cohabitation portion of the law seems to be the most hotly contested.  Does the law only apply to those who moved in together after the law took effect or does it apply to all cohabitating ex spouses?  How do I prove my ex is in a relationship and living with another?

Are there any downsides to the Alimony Reform Act?  I guess it depends on who you ask.  Many attorneys and judges feel that the formula removes a judge’s capacity to take special circumstances into account.  Others feel that the law may succeed in forcing the recipients, mostly women, to become wards of the Commonwealth requiring public assistance and food stamps.

How is the Alimony Reform Act functioning today?  Some allege that it is a great improvement; others believe it is just as confusing as the old law.

To learn more about alimony in Massachusetts, visit www.montvalelegalcounsel.com