Divorce Articles

More Divorce Information

Massachusetts Leads the Way in Alimony Reform

Massachusetts had led the way in reforming the way alimony is handled. In 2011, the Commonwealth enacted significant alimony reform with the goal of curbing the practice of awarding long-term alimony to be paid by one ex-spouse to the other. The new law limited alimony awards to formula-based payments based on the length of the marriage. Although many other states have tried to change how alimony is handled, no other efforts have resulted in equally significant changes.

Numerous states have tried to follow Massachusetts' lead, including Florida, New Jersey and Connecticut. In other states, court rulings reflect a growing sentiment to limit alimony (known formally in many states as spousal support), even when the statute hasn't changed.

Florida

The Florida effort, which ultimately went down to defeat when it was vetoed by Gov. Rick Scott, came the closest. The governor announced that his primary reason for vetoing the bill was language that applied the law retroactively and inserted itself into the "settled economic expectations" of individuals receiving alimony. It also proposed a formula similar to Massachusetts' law, limiting alimony payments based on the length of the marriage. Both advocates and opponents of Florida alimony reform predict that the issue will be taken up again.

Connecticut

The effort to change spousal support laws in Connecticut is spearheaded by the Connecticut Alimony Reform (CTAR). A bill was introduced in the legislature that focused on the following areas:

  • Establishing guidelines for the length of time alimony should be paid
  • Defining cohabitation as it relates to alimony payments
  • Incorporating the right to retire with lowered or ended payments for payers
  • Taking income and assets of the payer's current spouse out of the calculations if the previous spouse seeks a modification

Like most alimony reform bills, the Connecticut bill, Raised Bill 5509, was based on the idea that alimony should be like child support - based on formulas and guidelines -- rather than subject to a judge's interpretation. Despite CTAR's work, the House Judiciary Committee decided to not bring the bill forward to the full Senate and House.

New Jersey

In New Jersey, pending bills in both the Assembly and the Senate were modelled closely on the Massachusetts law. It would limit alimony payments to half the length of five-year marriage, with gradual increases of 16 years of spousal support for marriages lasting 20 years. Judges would have the option of awarding indefinite alimony for marriages that lasted longer.

Payments would be limited to no more than 35 percent of the payer's income, and support payments would stop when the payer reached retirement age. If the recipient ex-spouse was cohabiting, payments would cease if the payer could prove cohabitation.

Other States

In addition to Connecticut, New Jersey and Florida, other states are taking steps to change their alimony laws, although none has been more successful than Massachusetts. Some states already have spousal support laws that reflect the kind of thinking that went into the Massachusetts bill. In Maine, alimony can be paid for half the number of years of a marriage's duration when the marriage lasted between 10 and 20 years. Texas is more draconian: In marriages under 20 years, alimony payments are limited to three years.

Supporters of Reform Include Both Men and Women

Although men appear to be the primary movers and shakers behind alimony reform efforts, women have also gotten into the act. Second Wives Clubs have formed across the country, pointing out that their salaries could be used to support previous wives. Such groups advocate for rehabilitative alimony that will help women get back into the workplace, rather than lifetime alimony that could take their incomes into account when determining the amount of alimony payments.

Read More - Click To Expand Text