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Alimony Reform Act of 2011

This week Gov. Deval Patrick signed the Alimony Reform Act of 2011. The provisions of the new law take effect on March 1, 2012. The mathematical algorithm for determining alimony is fairly complex, but the new alimony law generally reduces the duration of time alimony payments will occur following divorce. Anyone considering divorce should be aware of the changes and plan accordingly.

Folks that are currently receiving or paying alimony will want to review options created by the new law reforming alimony in Massachusetts. In many cases parties will want to seek a complaint for modification because the existing alimony judgment exceeds the durational limits set forth in the new law. A set schedule establishes the transition period for the filing of these types of complaints.

Payors who were married to the alimony recipient 5 years or less, may file a modification action on or after March 1, 2013. Payors who were married to the alimony recipient 10 years or less, but more than 5 years, may file a modification action on or after March 1, 2014. Payors who were married to the alimony recipient 15 years or less, but more than 10 years, may file a modification action on or after March 1, 2015. Payors who were married to the alimony recipient 20 years or less, but more than 15 years, may file a modification action on or after September 1, 2015.  Also, any payor who is eligible for the full old-age benefit under the United States Old Age, Disability, and Survivor Insurance Act, 42 U.S.C. 416, or who will become eligible for said benefit on or before March 1, 2015 may file a complaint for modification on or after March 1, 2013.

The transition period provides the opportunity for people to plan accordingly. If you and your ex-spouse plan ahead and communicate openly, the topic of alimony will be easier to handle. If you are facing changes as a result of the Alimony Reform Act of 2011 and would like to mediate rather than go to court, feel free to contact us at Parker Mediation 508 795 0200 to schedule a free consultation.