Winchester Senator Co-Sponsors Alimony Bill

Gov. Deval Patrick signed a bill that reforms the Commonwealth’s alimony system, Sen. Patricia Jehlen (D-Somerville) announced.

The bill signed Sept. 26, according to Jehlen, is the first comprehensive modernization of Massachusetts alimony law in over 20 years, simplifies and clarifies current definitions and requirements while retaining discretion for judges to make decisions based on the facts of the case.

“This important piece of legislation reforms an antiquated and often unfair system,” said Sen. Jehlen, a co-sponsor of the legislation. “I have heard too many stories of families hurt by the alimony system. This balanced approach takes account of changes in society and the workplace in order to make the alimony system fairer for all.”

Jehlen said that the legislation presents clear categories of alimony like general term alimony (payments to an economically dependent former spouse), rehabilitative alimony (payments to a recipient expected to become self-sufficient by a specific time), reimbursement alimony (payments to a recipient who supported the payer in some way during a marriage of less than five years), and transitional alimony (payment to a recipient for a change in location after a marriage of less than five years).  

General alimony will tie the length of payments to the length of the marriage, Jehlen said. For example, for marriages less than five years, alimony would be required for no more than two and half years, according to Jehlen. The length of time for alimony increases with the years of marriage. The court has discretion to order indefinite alimony for marriages that lasted more than 20 years. Conversely, general term alimony payments could be reduced, suspended or terminated upon the remarriage or cohabitation of the recipient, the payer reaching the full age of retirement, or the death of either former spouse.

According to Jehlen, the bill also contains protections for alimony recipients who have been abused, are chronically ill or have been deemed unable to find employment. Additionally, it allows the opportunity for existing court-ordered alimony to be modified to conform to the new standards set out in the bill.