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.
