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 timeBy 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-SponsorsFour 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 |













