Massachusetts Sets Limits on AlimonyBy JENNIFER LEVITZ, The Wall Street Journal BOSTON—Alimony isn't forever in Massachusetts anymore. The state abolished most lifetime spousal support Monday, joining several states where alimony payments have come under scrutiny as payers argue they are struggling in the rocky economy. Democratic Gov. Deval Patrick signed a measure that generally ends alimony when the payer reaches retirement age or when the recipient begins living with a romantic partner. The law also establishes a formula for alimony, based on the length of the marriage. For example, alimony would generally last no more than 10½ years following a 15-year marriage. Judges can still award indefinite alimony for long-term marriages. And in the case of short marriages, a judge can order "reimbursement alimony" if one spouse, for instance, put the other through school. The law ends the common practice of Massachusetts judges awarding alimony as a permanent entitlement, an increasingly rare practice across the U.S. It also, for the first time, sets guidelines on how the amount of alimony payments should be determined. The changes take effect in March 2012, and people who are paying lifetime alimony can file for modifications starting in 2013. More.. |
UPI.COM Reforms make Mass. alimony 'more fair'
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Alimony reform heads to governor's desk A bill that would overhaul alimony in Massachusetts cleared the state Senate Monday morning and is headed to Gov. Deval Patrick's desk. He will have 10 days to act on it. The measure followed years of efforts by activists who alleged that the state's system of life-long alimony was unfair to payers. It stipulates that alimony should be paid for "a reasonable length of time." Unlike most states, Massachusetts did not cap alimony after a certain number of years. Even short marriages could result in decades of payments. More... |
Alimony in the Air: Arnold, Maria, Massachusetts and Florida Elizabeth Benedict, Posted: 8/1/11 In every corner of the country -- California, Massachusetts, Florida -- spousal support is in the news. These last two weeks have been a crash course in what we talk about when we talk about alimony.... ...By contrast, under the long-standing Massachusetts law there is no way for a judge to set a time limit on alimony. As a result, the state has become littered with men (97 percent of payers are men) paying lifetime alimony to women who are in their 30s, 40s, and 50s, and who may be highly educated, highly skilled, who may have worked throughout their marriages for high wages, and may be working still. There are cases of women who, after dividing millions in marital assets, are making $100K-plus in their jobs and receiving lifetime alimony from an ex who makes $150K plus. The payments don't end at retirement, only at the recipient's remarriage or death. And few remarry because the money supply will end. And there are cases of men in their 70s and 80s -- some in nursing homes with dementia -- paying alimony from Social Security checks while their "new wives" of many decades must chose between paying the alimony and buying prescription drugs. Increasingly in Massachusetts, higher-earning ex-wives are paying lifetime alimony to ex-husbands. In one case, a woman taking care of a child with cerebral palsy was jailed because her real estate business had tanked and she could not make payments of $5000 plus a month. If these laws sound medieval to you, you've got company. On July 28, the Massachusetts Senate followed the House the previous week and passed a sweeping overhaul of its alimony laws by unanimous votes in both houses. ...MORE |
Spitz: Eyes turn to Senate for alimony Phyllis Beal lives in South Carolina, but her ties to Massachusetts have been unbreakable. "Now that I'm retired, it's an issue. Our income has dwindled," said Beal, who met Wellesley native Bob Beal when she was a Holliston resident and he was recently divorced. "He was 60 when we married in 1978. (His former wife) was working. But from what I understand, they couldn't look at that at all" when the court calculated the alimony Beal's husband would owe for the rest of his life. "I just think Massachusetts, being such a liberal state, the alimony laws are so antiquated it just blows my mind," Beal said. "Some of the testimony (presented to legislators in May) makes my husband's situation sound miniscule." The unanimous vote in the Massachusetts House of Representatives gives Beal hope her husband's payments could end when he's 94. More... |
House approves bill revising Mass. alimony system By Johanna Kaiser BOSTON—A bill aimed at reforming the state's alimony system was unanimously approved Wednesday by the Massachusetts House of Representatives. The bill would establish guidelines for alimony payments, and limit the duration of payments, ending so-called "lifetime alimony" payments ordered by some judges in divorce cases. "The legislation establishes the correct public policy of encouraging parties to terminate their relationships upon divorce and live independently as soon as is practical," Rep. John Fernandes, a Milford Democrat and the House chairman of the Alimony Reform Task Force, said during the debate. One of the biggest proposed changes in the bill would set limits on how long a spouse can receive alimony payments, based on how long the couple was married. More... |
State House News ServiceAlimony reform advances in House Updated: Thursday, 07 Jul 2011, 3:30 PM EDT BOSTON (State House News Service) - The House signaled Thursday that it appears ready to tackle an issue that policy makers have long eyed as in need of reform: the alimony system. During a lightly attended session, the House gave initial approval to a sweeping reform bill and Rep. Paul Donato, (D-Medford), a member of Speaker Robert DeLeo’s leadership team who presided over Thursday’s session, said the House would likely hold a formal session next week to debate the changes. Under the proposal, state law would lay out for the first time specific guidelines on the levels and duration of payments to former spouses. Critics of the current system say it is inconsistent and arbitrary and leaves many without redress even if their financial situation deteriorates. The changes would also curb “lifetime” alimony, something reform advocates say Massachusetts judges award too often. The bill (S 665) has 133 co-sponsors from both parties and support from a large majority in each branch. More... |
Boston Herald Op-EdOutdated alimony laws need overhaul ..."My friend Theresa (not her real name) earned more than her husband during the last several years of their marriage. Theresa has sole custody of, and sole financial responsibility for their three children. Yet Theresa is required to pay her ex-husband — an able-bodied male with no child-care responsibilities — several hundred dollars a week! And she is required to do so indefinitely, despite the fact that the loss of this income ultimately hurts the children for whom she is responsible. "Responding to stories like these, lawmakers on Beacon Hill have filed legislation to modernize Massachusetts alimony law. "Last week, the Massachusetts House Judiciary Committee gave unanimous support to the alimony reform bill. Let’s hope that the full House and the state Senate act quickly to pass this important legislation. More... Jennifer C. Braceras is an attorney and political commentator. |
WORCESTER BUSINESS JOURNALTILL COURTS DO US PART Local Printer Pushes For Alimony Fix By Matt Pilon Marlborough business owner Stephen Hitner’s first marriage ended in divorce 12 years ago. Since that time, his court-ordered alimony payments have been so restrictive that he’s been forced to borrow from his second wife’s credit line to keep up. In fact, the combined effects of alimony and the economic downturn have dealt a nearly fatal blow to his business, MetroWest Printing. But Hitner, 63, isn’t taking the pain lying down. In fact, he’s been a prime mover over the last six years to reform the state’s alimony laws. More... |
Boston HeraldBy Hillary Chabot "Legislators, who are still hashing out priorities in the $30.5 billion state budget, are expected to vote on an alimony reform bill this week. The bill would make divorces cheaper and allow judges to cap alimony payments. It also would allow divorced spouses to revisit alimony payments if an unemployed spouse is living with a new partner." |
EDITORIAL Massachusetts' pending alimony revolution Boston Business Journal - by George Donnelly Date: Friday, June 3, 2011, 1:19pm EDT It's the biggest news to hit Massachusetts' probate courts in decades: Lifetime alimony in Massachusetts may be a thing of the past. Massachusetts law currently does not allow judges to cap the duration of alimony, leading to lifetime awards that sometimes don't reflect the economic realities of both the payer and receiver of the alimony. For some payers, a lifetime is a very, very long time, punctuated by job loss, sickness, and the profound desire to retire, often while watching the former spouse not work. The alimony reform bill does away with these life sentences, instead setting specific guidelines for the duration of alimony. For example, if a couple was married for between 10 and 15 years, the maximum alimony term is 70 percent of the time the couple was married. Judges have the discretion to allow lengthy alimony for marriages over 20 years, but the alimony would end at retirement age, as defined by the Social Security Act. For many embroiled in the world of family law, either as lawyers or participants, this creates a whole new (reasonable) world. MORE... |
Lawmakers look to cap alimony, make divorce cheaper in Mass. Boston Business Journal - by Lisa van der Pool Date: Thursday, June 2, 2011, 2:51pm EDT Local divorce lawyers say the proposed Alimony Reform Act of 2011 — which would dramatically alter how alimony payments are determined in Massachusetts — would make divorces cheaper and make their job of advising clients during a divorce much simpler if passed into law. In certain circumstances, it would also open the door for divorced parties to revisit their established alimony agreements. ...“The word I’ve heard is there is a lot of momentum behind this bill, and that legislators are motivated to do something about this issue,” said Kelly Leighton, a divorce attorney at the firm Barnes and Leighton and co-chair of the Boston Bar Association’s family law section. The Joint Committee on the Judiciary held public hearings on the Alimony Reform law on May 18. The proposed bill is being hailed by members of the bar as providing long-awaited guidelines for alimony awards in Massachusetts, which currently does not allow judges to cap duration — resulting in worst-case scenarios in working spouses making lifetime payments to non-working spouses who are supported by unmarried, live-in partners. Read more: Lawmakers look to cap alimony, make divorce cheaper in Mass. | Boston Business Journal |
Milford State Rep. hopes to get alimony changes passedBy Ashley Studley, Daily News staff State Rep. John Fernandes said he hopes a bill to reform alimony will hit the Senate or House before summer. After a successful hearing before the Judiciary Committee last week, the bill seems to be gathering support, the Milford Democrat said. "We've got tremendous momentum coming out of that hearing for change in the way alimony is handled in Massachusetts. I'm hopeful we'll see it released on the floor in the not-too-distant future," Fernandes said. Sponsored by Fernandes and state Sen. Gale Candaras, D-Wilbraham, co-chairmen of the Alimony Task Force, the bill seeks to change what officials have deemed an archaic payout system. More... |
LAWMAKERS SEE SUPPORT BROADENING FOR MAJOR ALIMONY SYSTEM CHANGESBy Colleen Quinn STATE HOUSE, BOSTON, MAY 17, 2011……Alimony payment laws could be dramatically revamped under a proposed plan that would lay out in state law for the first time specific guidelines on the levels and duration of payments to former spouses. Critics of the current system say it is inconsistent and arbitrary and leaves many without redress even if their financial situation deteriorates. The changes would also curb "lifetime" alimony, something reform advocates say Massachusetts judges award too often. Alimony reform has come up in the past, but the recession pushed it to the top of the priority list, lawmakers involved in drafting the bill said. The Joint Committee on the Judiciary will hear testimony on the proposed changes Wednesday afternoon. More... |
Spitz: Alimony law needs a changeBy Julia Spitz/Daily News staff Posted May 17, 2011 We have laws to encourage people to do the right thing. We have punishments for those who don't comply. Some laws are basic. Some are more complicated than a Rubik's Cube. The Alimony Reform Act of 2011 under consideration on Beacon Hill this week is both. It's also fair. ...This is hardly the first attempt to overhaul our state's alimony law, but it's now time for the Legislature to act. More... |
The Springfield Republican State Sen. Gale Candaras of Wilbraham to announce proposal to change Massachusetts alimony lawPublished: Tuesday, May 17, 2011, 9:43 PM By Jeanette DeForge, The Republican BOSTON – Legislators Wednesday will unveil legislation before the joint committee on the judiciary that would limit alimony. |
Lawmakers see support broadening for major alimony system changesBy Colleen Quinn / State House News Service Alimony payment laws could be dramatically revamped under a proposed plan that would lay out in state law for the first time specific guidelines on the levels and duration of payments to former spouses. Critics of the current system say it is inconsistent and arbitrary and leaves many without redress even if their financial situation deteriorates. The changes would also curb “lifetime” alimony, something reform advocates say Massachusetts judges award too often. More... |
Mass. considers ending ‘lifetime alimony’By Associated Press "BOSTON - Steve Niro got married three decades ago, but divorced less than five years later. He’s been paying alimony ever since - and there’s no end in sight. After Niro’s youngest child graduated from college a few years ago, his child support ended and his remaining alimony payment was $65 a week. But his wife took him to court for a modification, and a judge agreed to increase the alimony to $700 a week, or $36,000 a year." More |
Medford legislators speak at Women's Bar breakfast
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Boston Herald
Reform could end alimony for life
The following are excerpts from the full article. “It is radical, comprehensive, real sweeping reform,” said Denise Squillante, a family law attorney in Fall River and president of the Massachusetts Bar Association, which supports the legislation filed this month. The Women’s Bar Association, which had opposed previous “draconian” reform efforts, is on board with the new bill because of protections for women, said Rachel Biscardi, a family law attorney and task force member. Senate President Therese Murray also seems open to alimony reform. Antiquated law pure insanity The following are excerpts from the full article. “I think people are so unaware of the laws around this, and when they find out they’re shocked, absolutely shocked,” he [Steve Hitner, President of Mass Alimony Reform] said. “It’s crazy. You can’t make this stuff up.” They need to change, now. That’s something Hitner is working toward as a member of a legislative task force to reform alimony laws that are a gross embarrassment to us all. From a feminist perspective, there’s also something insulting about alimony laws used most often to support ex-wives. There are two underlying assumptions here. A woman can’t earn like a man. And a mother’s raising children somehow ruins her ability to earn decent pay outside the home. |
MBA endorses ‘landmark’ alimony reform legislationPublished: 11:47 am Mon, January 24, 2011 The Massachusetts Bar Association has announced it will support legislation filed on Beacon Hill earlier this month that will make a number of critical changes to existing alimony laws. Among the key revisions proposed under the Alimony Reform Act of 2011: • Creating new, separate alimony categories with specific definitions and durational time limits; • The opportunity to terminate alimony ... |
Divorce reform becomes hot issue in Creem/Rudnick Senate contestSeptember 1, 2010 In an oped appearing in this week’s TAB, Creem defends her role in alimony reform, saying the current system doesn’t work and deflecting critics who feel she has a conflict of interest. “I believe we need to reform alimony,” Creem said in an interview. “It doesn’t affect my practice at all — I have no financial benefit. Period.” ... Steve Hitner, co-founder of Mass Alimony Reform, believes Creem “will agree” with changes made to current alimony laws and is confident that revisions his group has been pushing for will be made by next year. “She said she will back whatever the task force will come up with,” said Hitner, who sits on the Judiciary Committee’s alimony task force. Since Creem appointed it, Hitner said the task force has made significant progress this year, and he is sure the 12-year incumbent will accept the group’s recommended changes to the antiquated laws. |
LOWELL SUN EDITORIAL
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GLOBE EDITORIAL
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Alimony Reform Bill (H1785) Delayed Until the Next Legislative Session July 24, 2010: Massachusett Election 2010 Alimony Task Force chairs promise to work on a bill through the Summer and Fall to have a bill ready early in the next session. (Details on next year’s bill) With the legislative session running out of time, and the House under Speaker’ DeLeo’s legislative lockdown – no bills are moving. In a letter to his legislative colleagues, Representative John Fernandes reveals that the task force, set up over 10 months ago to make a recommendation on meaningful alimony reform, has failed come up with a recommendation in time to act this year: More... |
Reform the reformerBy Adrian Walker, Globe Columnist "With Cynthia Stone Creem in charge of fixing alimony in Massachusetts, is it any surprise that it remains a mess? "Creem, a six-term senator from Newton, works in the State House when she isn’t pursuing her real career, which happens to be practicing divorce law. And she has never really thought there is all that much wrong with the state’s wildly arbitrary divorce laws. Most of the bar thinks things are fine just the way they are. A fine piece by Bella English in the Globe yesterday refuted the idea that the system works. It highlighted the growing movement — which lawmakers would like to ignore — to reform the system, showing it through the eyes of several men and women who believe they have been forced to pay unfairly, and make strong cases to that effect. "Creem is chairwoman of the Judiciary Committee and effectively acts as the chamber’s gatekeeper on alimony bills. To stem some of the criticism that was mounting last fall, she appointed a task force to make recommendations on reform. When I interviewed her last fall, she indicated that she didn’t really see much of a problem, and also rejected the idea that she might have a conflict of interest. She’s wrong on both counts. "Some of the problems: The system is too arbitrary, with judges operating under virtually no guidelines. Also, in Massachusetts, unlike most states, alimony is a lifetime commitment, harkening back to the days when women couldn’t be expected to support themselves. Finally, the system completely shafts subsequent spouses, whose salaries and assets are considered in determining payments." More... |
Years and marriages later, they still payBy Bella English, Globe Staff | July 18, 2010 "Steve Niro got married in 1981 at age 23 and divorced less than five years later. At the time of the divorce, he and his wife were in their late 20s, and both were working. Niro remarried nearly 15 years ago, but he’s still paying his alimony. "Two years ago, Niro’s youngest son graduated from college, ending child support payments and leaving his former wife with alimony of $65 a week. “The next thing I know, I get summonsed to court for alimony adjustment,’’ he says. A probate court judge increased the alimony to $700 a week even though the couple had divorced nearly a quarter of a century ago — five times longer than they were married." "The current law sets no formulas or guidelines, saying only that the length of the marriage, assets, occupation, and employment aspects will be considered in setting alimony. Massachusetts probate judges have relied largely on case law and generally consider any marriage of more than 20 years a long-term marriage that merits lifetime alimony, or payments until the recipient remarries. But often marriages of much shorter duration — such as Niro’s — also result in lifetime payments. "In his decision, Worcester County Probate Judge Ronald King noted that Carol Niro reared the children largely by herself and was unemployed for a year after she was laid off from her job as an administrative assistant. Further, King said that since Steve Niro has an executive salary and Carol Niro was making $30,000 a year as a preschool teacher, he should pay his former wife 30 percent of the difference between their annual incomes, or $36,000 a year indefinitely." More... |
Mother of disabled son must pay ex-husbandBy Bella English, Globe Staff | July 18, 2010 Eileen Buckley was married to a man who didn’t work much, even though he had a master’s of business administration from MIT that she helped finance. “I figured out he worked seven years out of the 28 we were married,’’ says Buckley, who divorced in January 2009. “His argument that he was a stay-at-home dad falls apart because he was unemployed for a long time before our son was born.’’ At the divorce, her husband got half their assets, including a house in Connecticut, where he now lives. She was ordered to pay him alimony of $2,000 a month. The couple has an autistic son for whom she has full financial responsibility. More... |
Provider must prove his finances changedBy Bella English, Globe Staff | July 18, 2010 "One Friday, Joel Skolnick says, he looked at his checking account and realized he could pay his alimony or meet payroll at his Needham printing business. "At the time of his divorce, he was doing well financially. "But his stock portfolio plunged, his real estate holdings went under, and his printing business fell off, he says. He went back to court to prove that he had a change in circumstances. “It took me two years and cost me over $100,000 in legal fees to prove that I couldn’t continue to pay her $75,000 a year in alimony,’’ says Joel Skolnick, 66. The judge released him from alimony on the condition that he retire and sell his business, which he did. His former wife is appealing, and the fight has cost him $30,000. “My ex-wife has a college degree and is perfectly capable of getting a job, but why should she when she’s getting $6,000 a month?’’ he says. “I became literally an indentured servant, and she became a lottery winner.’’ More... |
SJC rules postnups have legal weightSets guidelines for judges to review, OK deals "For the first time, the state’s highest court unanimously ruled yesterday that postnuptial agreements signed before a divorce can be enforced by judges, a decision that legal specialists say could make such contracts more common." "Addressing a matter that has long sown doubt among Massachusetts family law specialists, the Supreme Judicial Court said postnuptial agreements that divide financial assets must be scrutinized to make sure they were not negotiated fraudulently or coerced by a spouse with threats of divorce. But if the agreements meet stringent standards, they should be enforced." More... |
Will You Sign a Prenup?By MARY PILON , The Wall Street Journal, July 3, 2010 "Baby boomers looking to protect their assets are increasingly turning to prenuptial agreements—legal contracts drawn up before a marriage that dictate what happens to assets in the event a couple should part ways, either by divorce or death. "Baby boomers are more likely to get married multiple times than younger or older couples because they also are more likely to have gotten divorced. Almost 40% of boomers who have been married have gone through at least one divorce, according to 2004 Census data, the most recent available, while only about 30% of all people who have been married have been divorced. By their 50th birthday, 27% of boomers have moved on to their second or third marriage. "The drafting of a prenuptial agreement, and the discussion surrounding it, should begin several months before the wedding date. If the signing terms of a prenup are later deemed rushed or ill-informed, a court can choose not to enforce the contract. Prenups are contracts, after all, and lawyers rely on decades of case law for guidance in drafting them. That has made the documents more complicated. "There still isn't any guarantee that the agreement would be bulletproof from future challenges by a former spouse, says Gary Skoloff, a family lawyer with Skoloff & Wolfe in Livingston, N.J. "A lawyer can no more guarantee that a prenup is enforced than a doctor can guarantee the result of a surgery," he says. Having each party represented by a lawyer generally decreases the likelihood that a judge might deem a prenup unfit, experts say." More... |
Alimony Reform bill (H1785) waiting on casino bill battle June 29, 2010: Massachusett Election 2010 The Massachusetts alimony reform bill (H1785) is for now stuck in committee while key legislators are busy with the casino bill battle. A compromise alimony reform bill is being worked on in the Alimony Reform Task force. The task force has met several times now, and worked out much of the compromise. The task force is hoping to be able to recommend a compromise bill at their next meeting. But there is now difficulty in scheduling their next meeting because several of the legislators are busy trying to overcome opposition to the casino bill. It’s likely that a new meeting will be scheduled in the next few weeks. More... |
NY Senate Passes Alimony Guidelines as Part of No-Fault DivorceBILL NUMBER:S7740A REVISED 06/04/10 TITLE OF BILL: An act to amend the domestic relations law, in relation to interim spousal support and post-marital income obligations; and to repeal certain provisions of such law relating thereto PURPOSE OR GENERAL IDEA OF BILL: To provide predictability and consistency with regard to calculating interim spousal support (formerly "temporary maintenance") and post-marital income obligations (formerly "maintenance"). JUSTIFICATION: Under existing law, awards of maintenance differ widely for couples with similar incomes and similar length of marriage. This lack of consistency and predictability in maintenance awards undermines confidence in the judicial system and encourages costly litigation by impeding the settling of cases. By establishing guidelines for the amount and duration of the award, post-marital income guidelines provide the consistency and predictability for spousal support that the Child Support Standards Act has provided for child support. Most families do not have substantial assets to divide upon the dissolution of a marriage-the greatest asset of the marriage is frequently the income of the more-monied spouse. The less-monied spouse often invests time and energy supporting his or her spouse's career, raising the children, and taking care of the home. Current law fails to provide adequate guidance as to how to divide the asset of future earned income in an equitable manner. Post-marital income guidelines only result in an award when there is an income gap between the two parties such that the less-monied spouse's income is less than two thirds of the more-monied spouse's income. For instance, if the payor's annual income is $90,000 a year, the guidelines will only result in an award if the payee's annual income is less than $60,000. The guidelines provide protections for payors at both ends of the income spectrum. The formula is only applied to the payor's income up to $500,000. The guidelines also include a rebuttable presumption that individuals whose annual income is less than the self-support reserve (135% of the Federal poverty Guidelines) do not have the financial means to make a maintenance payment. More... |
The 40-year Itch, by DEIRDRE BAIRSome key points from this New York Times Op-Ed article regarding divorces after long-term marriages:
MAR Editor's Note: Based on this New York Times Op-Ed article, MA alimony law is even more anachronistic. If divorce is often a lifestyle choice, more frequently made by women than men, then why should men, second wives, or any higher-earning spouse subsidize this free and willful choice of the lower-earning spouse for life — forcing the higher-earning spouse to life-long threat of jail, bankruptcy, and loss of financial freedom? |
Alimony Reform Proposed in Massachusetts FindLaw KnowledgeBase, April 21, 2010, By David M. Gabriel & Associates "Massachusetts’s lawmakers could soon change the state's standard lifetime alimony awards with awards that expire at the payer's retirement age and offer more room for modification. The changes could also end Massachusetts' unusual rules that require a second wife to pay alimony to the first in cases of income loss by the husband." Two legislative bills would put the state's alimony laws in line with its New England neighbors. A state House bill would limit awards to half the marriage duration, with a maximum of 12 years and an automatic end of payments when the payer turns 65. Awards also would shrink by 10 percent per year after five years. The bill attracted a near-record number of sponsors last year. More... |
Massachusetts Election 2010 Cynthia Creem faces Ethics Questions over Alimony ReformThe public debate over two dueling alimony reform bills has called into question whether Sen. Cynthia Creem has a conflict of interest. There are two bills currently up for discussion in the Legislature, s1616 and h1785. Both concern time limits for alimony payments. Massachusetts’ current alimony law does not empower judges to cap the duration of an alimony award, enabling post-divorce settlements that can last a lifetime. The current law has drawn fire from alimony payors who say they’ve been forced for years to pay large percentages of their incomes, occasionally forcing them into bankruptcy. MORE... |
Alimony reform: pending legislation suggest that changes may be aheadBy Charla Bizios Stevens and Erin Harris / Law | Monday, March 1, 2010 With competing bills pending before the House and Senate, alimony reform may be on the horizon in Massachusetts. For decades, alimony laws in the Commonwealth have remained unchanged, with lifetime alimony awards being favored and high standards for modification of an existing award. Both bills share the goal of bringing Massachusetts more in line with the national trend towards durational or rehabilitative awards, as is common in neighboring New Hampshire and Maine. In states such as New Hampshire, where alimony is considered rehabilitative, courts look at many factors in deciding on the amount and duration of alimony. One such factor may be whether the recipient is in need of income supplementation to allow him or her to obtain additional education or training to return to the work force after a delay caused by homemaking and childrearing. More... |
Role adjustmentsCouples adapt as women become bigger breadwinners "It’s no revelation that women have smashed the stereotypes embodied by Harriet Nelson and June Cleaver. New research is showing that women are not only contributing more to the household bottom line - they are increasingly the larger, sometimes even the sole, breadwinner. And for the first time in US history, women are about to outnumber men in the workforce - and, according to some projections, within two decades women will outnumber men as the home’s major breadwinner." "Just as women entering the workforce required a big adjustment in the attitudes that for generations defined marriages, another big adjustment is needed now with wives earning more on average than their husbands. If it was dying before, the idea of families having a “traditional breadwinner’’ seems officially dead." "A recent study by the University of New Hampshire’s Carsey Institute found that wives’ earnings comprised 45 percent of the total family income in 2008. That marked a 1 percent increase from 2007 and was up from 42 percent in 1999. Kristin Smith, the study’s author, said the latest increase is more significant than it sounds: It represents the biggest single-year increase in 10 years." More... |
As Women Earn More, Alimony Laws Lag BehindFebruary 2, 2010 As we recently wrote, women now make up almost half of the American work force and a growing number of women are becoming their families’ primary breadwinners. But while the economics of marriage have undergone major transformations, the economics of divorce haven’t kept up. As my WSJ colleague Jennifer Levitz reports, there is a growing movement, spurred by the recession, to change how alimony is paid. Alimony, or spousal-support payments, typically involves a husband supporting his ex-wife long after the demise of the marriage. (Alimony is separate from child-support payments.) Men accounted for 97% of alimony-payers in 2008, according to the U.S. Census Bureau, although the share of women supporting ex-husbands is on the rise. More... |
Massachusetts proposes changes to alimony lawsBy Jill Boynton, co-founder of Cornerstone Financial Planning "The fact that the amount and term of alimony (while taking into account the length of marriage and earnings of both parties) are at the discretion of the court gives the judge too much flexibility. In addition, with the ability of women to work and earn their own living, rules that were created in a different era don't apply anymore. I once heard a mediator in a divorce case remind a spouse that "divorce is not a pension plan" and that she shouldn't expect to be taken care of for the rest of her life. I think that is a fair and equitable way to look at the situation. Of course there will always be situations when lifetime alimony may be necessary and the bill won't deny those parties their due. But remember that the purpose of alimony is to support the lesser-earning spouse while he or she does what is necessary to become self-sufficient. More... |
It may be time to get rid of alimonyNovember 30, 10:12 AM Bruce Maiman "I defy any lawyer to give me an interpretation of the line in quotes in this story in the Wall Street Journal [referring to the alimony court case of Paul and Theresa Taylor] that the two parties agreed to "waive any right to past, present or future alimony." If you're a lawyer or a linguist or an English professor, can you explain to me where the wiggle room is in that statement? The two parties agreed to "waive any right to past, present or future alimony." How can that mean anything but, "You don't have a case, Mrs. Taylor," and yet the court awarded this woman a $400 a week alimony payment out of this man's pension. How in Heaven's name can that be seen as justice or fair? Is that what has become of a marriage and its dissolution? No matter what agreement we sign, unless we have an iron clad pre-nup we're forever at risk from people who can't keep their word, even by dint of a legal document? Is there even a legal document that can absolutely protect you in a situation like this?" More... |
BOSTON HERALDGirl/Boy friend's Income and Assets Subject to Alimony For First WifeBy Gerald Nissenbaum / Divorce 411 Q. Your Oct. 4 column said that an ex-husband could subpoena the financial records of a woman’s live-in boyfriend. How can that be? They don’t have any legal relationship and he’s probably not on the lease or mortgage. He can move out at any time. To me your advice seems wrong. A. Trust me, I’m not wrong. If you’re living with a woman and your ex-wife seeks more alimony or child support - or if you’re looking to cut down your payments - your girlfriend’s records can be subpoenaed into court. For example, if your galpal is paying some of your expenses, that increases your ability to pay alimony and child support. So the judge may order you to pony up more. If you’re paying more money for your lady friend’s expenses than your alimony and child support, the judge also could find you can afford to pay more. More... |
BOSTON HERALDAlimony payer critical of Mass.By Gerald Nissenbaum / Divorce 411 Q. I’ve heard there’s a chance Massachusetts might change its alimony laws to give judges the power to order payments only for a limited number of years, perhaps with a mandatory cutoff at one-half of the total number of years the marriage lasted. A. When issuing an order of alimony, Massachusetts judges have no authority to limit the number of years payments must be made. Many people think the current law is unfair and out of touch with the real world. Some point to Maine, which permits limited support. There, for spouses who want traditional alimony, they probably won’t get anything if the marriage lasted less than 10 years. If they stayed hitched for 10 to 20 years, they will likely get alimony for only half the years they were married. More... |
Hill: Lost faith in Rep. PeischNov-18-2009 Both Sen. Creem and Rep. Peisch know that Sen. Creem's bill would guarantee more litigation, thus more monies for divorce lawyers, not less. Passing alimony reform and shared parenting would reduce fees to lawyers. DR. PETER HILL, |
Divorce Reform In Massachusetts: David vs. GoliathBy Tom Matlock, Co-founder of The Good Men Project If you have had the misfortune to go through a divorce in Massachusetts, you would understand that complete "Judicial Discretion" (what the BBA is promoting) is what causes parting spouses to fight endlessly in drawn out legal battles. When there are no guidelines and Judges have complete discretion, divorcing spouses have little basis for understanding what is fair and what is not. Thus, with the encouragement of divorce attorneys (always willing to rack up billable hours) couples fight endlessly over everything, especially alimony. This acrimony ruins relations between parting spouses, ruins the chance for a stable post-divorce environment for the children and drains the family coffers. More... |
Alimony agonyBy Adrian Walker "Massachusetts divorce law gives trial judges broad discretion over both the amount and duration of support. The people - mostly divorce lawyers - who like the system the way it is say judges have the right to protect women who need and deserve it. The system’s many critics, meanwhile, say it creates an overly subjective and unpredictable maze that makes it difficult to ever completely sever ties with former spouses. There are at least two major issues. In Massachusetts, unlike most other states, alimony is usually forever. And in Massachusetts, if a divorced person remarries, the income and assets of the new spouse can be used in determining how much alimony gets paid. Advocates scream, persuasively, that both provisions are unfair." More... |
In Downturn's Wake, Women Hold Half of U.S. JobsNovember 11, 2009 by Kelly Evans
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Retirees Still Liable for Alimony, Massachusetts Court RulesBy ABBY GOODNOUGH BOSTON — The highest court in Massachusetts ruled Monday that alimony should not automatically end when the paying spouse reaches retirement age and stops earning income. The ruling by the state’s Supreme Judicial Court comes at a time when some alimony payers and state lawmakers are pushing for changes to the state’s alimony laws, which they call overly harsh on higher-earning spouses. Those advocating the changes had hoped the court would effectively end lifetime alimony. More... |
Top Court in Massachusetts Rejects Argument for New Curbs on AlimonyNovember 9, 2009 The top court in Massachusetts ruled against a retiree who sought to end payments to his ex-wife, dealing a blow to a movement that is seeking time limits for alimony.... The top court ruled that judges can consider diminished financial ability to pay after retirement as they can in other changed circumstances. But the court declined to rule that judges should automatically accept retirement as a reason to cut alimony. More... |
SJC: Retirement does not necessarily end alimony paymentsNovember 9, 2009 In Massachusetts, marriage really still does mean until death do you part -- even after divorce. The Supreme Judicial Court today rejected a push to stop most alimony payments when someone reaches retirement age. The decision, which came in the divorce case of a former federal magistrate and state judge, noted that alimony payments can be lowered or, in some cases, cut off to reflect a person's actual income after retirement. However, Associate Justice Ralph D. Gants wrote in the decision that a spouse paying alimony "may be expected temporarily to postpone retirement or to find part-time work to help the recipient spouse weather difficult financial circumstances." More... |
Wife No. 2 Paying for Wife No. 1? Join the ClubBy ALICE GOMSTYN, ABC NEWS Business Unit Massachusetts' 2nd Wives Club Lobbies to Change Rules on Alimony Payments Stress over alimony payments to her husband's ex-wife nearly drove Deborah Scanlan to divorce. Helping her husband make alimony payments to his ex forced Jeanie Hitner to take on a second job. Both Massachusetts women now say they wish they'd never gotten married. Welcome to the 2nd Wives Club. The club, which claims 70 members and counting, consists mostly of married women who say that Massachusetts judges' rulings forced them to contribute to alimony payments for their partners' ex-wives.... Full Story |
The New Art of AlimonyBy Jennifer Levitz, 10/31/2009 "The nature of marriage has changed dramatically over the decades. Women now make up almost half of the American work force. But alimony, a concept enshrined in ancient law, has remained remarkably constant. Now, the idea that a husband should continue to support his wife forever, even after the demise of their marriage—long a bedrock of divorce law—is being called into question. Pressures are mounting to change a practice that some see as outdated and unfair." More... |
Update sought for alimony criteria in MassachusettsBy David Riley/Daily News staff "Modern marriage is not always a "'til death do us part" affair, but in Massachusetts, alimony can last a lifetime. |
Lifetime alimony payments are archaicThe Lowell Sun Editorial Why, in the year 2009, do Massachusetts' alimony laws still read as if it were 1900? Why, when many women earn salaries just as high as men, does the Bay State have laws that make it seem as though women are incapable of supporting themselves? The alimony laws in Massachusetts can trap many residents in a financial life sentence in which they must provide support to a former spouse, who quite often is perfectly capable of paying his or her own bills. (Approximately 96 percent of Massachusetts alimony recipients are women.) ... (More) A bill proposed by state Rep. Steven M. Walsh, D-Lynn, could change that lifetime burden to a more manageable, and equitable, responsibility... (More) [see Alimony Reform Bill 1785] Thanks to Massachusetts' archaic alimony laws, which are considerably less progressive than any other state, far too many former spouses are granted hefty alimony payments when they could easily support themselves. But why would they? It's a lot easier to deposit a check than to actually earn the money. Unfair alimony awards also damage second marriages. The income of a second spouse is factored into adjusted alimony awards, which can cause stress in second marriages and prompts some people to live together instead of marrying. If Massachusetts wants to maintain its reputation as a progressive state with a cerebral population, it must reform its antiquated alimony laws. |
Bill could shorten alimony time
By Lisa Redmond, lredmond@lowellsun.com |
Equality: More men getting spousal support
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Pierce v. Pierce
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Boston Magazine:
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Should Permanent Alimony Be Eliminated? A report by Barbara von Hauzen, Esq. evaluates alimony in Massachusetts and recommends changes, which are consistent with Mass Alimony Reform's new law. "The continuance of a permanent, unrevised alimony award perpetuates unfairness on the obligor. This stifles the obligor’s ability to financially reposition him or herself or may shutout other relational or vocational opportunities. In essence, the award becomes a permanent penalty to the payor and a windfall to the payee. Although we recognize that alimony is a civil matter, it is fair to say that the permanency of today’s alimony award results in incarceration with no chance of parole." "And so, in Massachusetts, the question remains unanswered: “if marriage is terminable at will, and marital support obligations end upon |
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Mass Alimony Reform Bill Filed, 72 Legislative Co-Sponsors
Four Alimony Reform bills were filed in the current legislative session. Our bill, which was one of the four, had an outstanding 72 legislative co-sponsors. Our Bill will be sent to the Joint Committee of the Judiciary for a hearing, at which time we will have the opportunity to be present and testify. Members of MASS ALIMONY REFORM will receive a notice from Steve Hitner as soon as we are notified of the date, time, and location. Members will receive instructions on how to prepare to testify, including the proper procedures for writing and submitting your testimony to the Committee. Finally, continue to email your state representative and senator to support this bill. Tell your story in an honest, direct, and respectful manner. |
Letter To The Editor, Mass Lawyer's Weekly‘With just laws, less for couples to fight over’ Nov-24-2008 |
Mass Bar Task force calls for limits on amount, duration of alimonyBy: Barbara Rabinovitz, Lawyer's Weekly Source: Lawyer's Weekly. The above text is an excerpt from the article. (More news on the joint MBA/BBA task force is shown below.) |
Mass Lawyers Offer Alimony CalculatorNov-10-2008 [Comment By M.A.R.:The complexity of the law requires lawyers and a calculator, leaving divorcing couples receiving different alimony decisions depending on the personal discretion of each and every judge. Such differing application of the law to the same situation is a violation of the equal protection clause of the United States Constitution (Fourteenth Amendment, Section 1).] |
WBUR's Hear and Now Discussion On Alimony ReformJul-30-2008 |
WGBH Discussion on Alimony ReformJul-27-2008 |
WTTK Discussion on Women Canceling Weddings To Divorced MenJun-28-2008 |
The Huffington Post: Never-Ending Alimony
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Mass Lawyer Comments On Chilling Effects Of Alimony LawAttorney Stephen Ballard wrote in his blog, Jun-14-2008 "The main point that should be taken away from her article, in my opinion, is that the law on alimony is so vague as to permit a huge divergence of results, from one case to another. I would add that these results often depend on factors that should not be important and determinative: they are factors primarily related to the quality and experience of the judge, rather than factors actually relating to the facts of the individual cases" |
Boston Globe Op-Ed: Chilling Divorce Laws
"Welcome to Massachusetts. In the 1980s, it was known as Taxachusetts. These days, it's known as the state whose divorce laws are so out of date that many people decide against marrying here - or marrying anyone anywhere whose alimony obligations originate here. I'm one of them. Two divorce lawyers tell me that the state's laws are so extreme they have "a chilling effect on marriage." Prenups offer no guarantees. Judges routinely ignore them." |
Constitutional ChallengeJun-12-2008 |
Massachusetts' Joint Judiciary Committee Drops ReformMar-19-2008 |
Hearing Held at Joint Committee of the JudiciaryJan-24-2008 |
Massachusetts Men and Women Looking For Alimony ReformJan-23-2008 |
Massachusetts Bar Recognizes Need For Alimony Reform
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Mass Bar and Boston Bar "Debates Future and Fairness of Alimony Awards"Dec-2007 “It is confusing because the Appellate Court is making decisions based on a case-by-case basis,” said MBA Vice President Denise Squillante, the MBA’s co-chair on the task force. “There is no precedent set. There is a fear from the bench that if they award alimony, it will be forever.” Source: MBA–BBA task force debates future and fairness of alimony awards, by Kelsey Sadoff, Lawyer's Journal, December, 2007 |
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- Sep 15, 2009 09:08 ET Massachusetts Alimony Reform to Tell Shocking Stories of People Who Have Lost Almost Everything Because of Archaic Alimony Laws
- Sep 11, 2009 08:30 ET
Massachusetts Residents to Testify at Statehouse in Effort to Reshape Outdated Alimony Laws
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PRESS RELEASE:Candaras and Fernandes File Alimony Reform Measure |
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PRESS RELEASE:MBA votes to support landmark alimony reform bill |
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PRESS RELEASE:Women's Bar Association Announces Support |
- Yahoo News: July 15, 2009. Boston Magazine Exposé on Massachusetts Alimony "Hell"
- Glenn Sacks Blog, July 8th, 2009 by Robert Franklin, Esq., "Group Tries to Reform Alimony in Massachusetts"
- Wall Street Journal, Jul 7, 2009, "Men Suffer Brunt of Job Losses in Recession"
By Jessica Fargen
By Margery Eagan
