Legal Blog

The Supreme Judicial Court recently issued its decision in the case of Holmes v. Holmes involving the issue of alimony paid under a temporary order and its impact on the durational limits under the Alimony Reform Act. 

 In Holmes the Court, Gants, J., unanimously decided that a Husband payor's long term alimony obligation should be measured starting from the date of the Probate Court's judgment of divorce, and not from when the payor was first ordered to pay temporary alimony.

 The Court stated that temporary alimony is separate and distinct from general term alimony:

  “Under the Alimony Reform Act of 2011, St. 2011, c. 124 (reform act), ‘[i]f the length of the marriage is [twenty] years or less, but more than [fifteen] years, general term alimony shall continue for not more than [eighty] per cent of the number of months of the marriage’ unless the judge makes a written finding that deviation beyond this time limit is required in the interest of justice. G.L.c. 208, §49(b)(4).

The issue presented in this case is whether alimony paid under a temporary support order during the pendency of a divorce proceeding, pursuant to G.L.c. 208, §17 (temporary alimony), must be included in calculating the maximum presumptive duration of general term alimony under §49(b). We conclude that temporary alimony is separate and distinct from general term alimony, and that the duration of temporary alimony is not included in calculating the maximum presumptive duration of general term alimony.

 We also conclude that, where temporary alimony is unusually long in duration or where the party receiving temporary alimony has caused unfair delay in the issuance of a final judgment in order to prolong the length of time in which alimony may be paid, a judge in her discretion may consider the duration of temporary alimony in determining the duration of general term alimony.”

 Counsel for both sides should keep this in mind when drafting temporary orders for alimony and/or the final Separation Agreement to include language regarding the intent of the Parties regarding any temporary alimony orders and the start date for the durational limits set out in the Act.

The Massachusetts Alimony Reform Act, signed into law on September 26, 2011, was one of the greatest reforms to the practice of Family Law since the “no fault” divorce. In addition to setting durational limits on general term alimony orders, the Act also established procedural guidelines to determine when someone can file a Complaint for Modification seeking to terminate an alimony obligation, with the Act itself as the sole basis for modification. 

March 1, 2013, was the earliest date to file a Complaint for Modification to terminate alimony for people married 5 years or less. Many alimony payors successfully terminated their alimony obligation under the new law, and many are still filing when they become aware of their right to do so.

After March 1, 2014, people who were married more than five years, but less than ten years can now file an action for modification with the Probate & Family Court to terminate an existing alimony order under the Act.

There are certain cases where the obligation to pay alimony cannot be terminated and there is still some discretion in the Court to exceed the durational limits in the statute. But in most cases the Act says that alimony "shall terminate" according to the durational limits, and the Courts are abiding by the statute.

Now is the time to speak to a qualified family law attorney to see if your case falls under the procedural guidelines and whether or not you are eligible to terminate your alimony obligation.

In some instances, a judgment terminating your alimony obligation may be retroactive to the date of filing and the Court may order reimbursement of any alimony overpayment. 

If you would like a free consultation to see if you qualify to terminate, suspend or reduce your current alimony order under the Alimony Reform Act, click the link below to set up an appointment.