The issue of Alimony is a very hot topic in Massachusetts right now.  There is not, nor has there ever been, a standardized method for calculating Alimony (also called Spousal Support) in Massachusetts.  And Massachusetts is one of the few states where Alimony can be a life-long proposition.  Many practitioners see this as odd because Massachusetts has used standardized Child Support Guidelines for so long that Child Support is hardly ever a contested issue in divorces in the Commonwealth.

By contrast, every judge has a slightly different view of Alimony and a different way of calculating it.  This makes the process of divorce more complicated and unsettling for the parties and attorneys alike.

The matter has become an even more heated issue since the Supreme Judicial Court handed down an opinion last year in Pierce v. Pierce that required the payor spouse to continue paying alimony notwithstanding his retirement and the fact that his ex-wife did have an income.

Consequently, there is quite a movement to have legislation passed that is similar to the Child Support Guidelines so that alimony can become a standard procedure rather than a contested issue.  There are two separate bills before the Massachusetts legislature.  The bill in the house (H.B. 1785) is the more aggressive of the two.  It was introduced in January 2009 and has the support of over 70 state law makers.  Its goal is to cause recipient spouses to become self-sufficient within a reasonable amount of time therefore preventing alimony from becoming a life-long obligation for the supporting spouse.

If it is passed it will make a substantial change in the factors that the court must consider in awarding Alimony, and it will change the duration of the payments in the following ways:

* All Alimony payments would stop when the working spouse retires:

* Payments would continue for a maximum of 12 years unless the recipient is caring for a child under 16:

* Payments continuing for more than 5 years would be decreased by 10% each year unless the recipient is caring for a child under 16 or unless the recipient cannot find gainful employment.

The senate bill (S.B. 1616) is much less aggressive.  If this bill becomes law the words “and duration” will be added to the language of the existing statute M:G.L.c. 234 section 34 that lists the factors that the judge must consider in determining Alimony.  This bill would give judges far more discretion in determining the appropriate amount and duration of Alimony payments.

There is such a growing demand in Massachusetts to change the Alimony laws that the state legislature created a joint task force to consider the two bills and the Commonwealth may see a result of their work this year. While the bill was scheduled to expire, it has been extended and the next meeting of the task force was tentatively scheduled for next week.

Meanwhile, another joint task force made up of members of the Massachusetts Bar Association and the Boston Bar Association prepared a draft report that also provides a formula to calculate the maximum alimony award.  However, judges are not required to follow this calculation and are free to use their own discretion.

In these uncertain times it is more important than ever to seek the advice of a qualified family law attorney who can advise you as to how the factors in Section 34 will affect an Alimony calculation for you. Freya Allen Shoffner and the associate attorneys at Shoffner & Associates are always happy to answer your call (617-369-0111) or email.