In Massachusetts, alimony is governed by Massachusetts General Law, Chapter 208, Section 34, but the existing statute is very vague, giving the court broad discretion and a minimum amount of guidance in awarding alimony. For most attorneys and litigants, trying to figure out alimony payments and duration has been a nightmare because they have had no clear formula to use, unlike child support calculations.

In contrast, the new statute will provide clear directives regarding the calculation of alimony payments, expressly dictating amount and duration. While there is still some discretion for the courts, there is now much greater certainty. Having clear and certain numbers helps both the courts and attorneys to negotiate a proper and fair settlement for parties in a divorce.

The new alimony law provides for 4 different types of alimony: General Alimony, Rehabilitative Alimony, Reimbursement Alimony and Transitional Alimony.

General Alimony
General Alimony refers to what we traditionally think of as alimony. It is the periodic payment of support to a recipient spouse who is economically dependent on his or her former spouse. Under the new statute, the length that General Alimony payments may last depends on the length of the marriage:

• a) If marriage is 5 years or less, then alimony payments are for no more than half the length of the marriage
• b) If marriage is more than 5 years but less than 10 years, then alimony is no more than 60% of the length of the marriage
• c) If marriage is more than 10 years but less than 15, then alimony is no more than 70% of the length of the marriage
• d) If marriage is more than 15 years but less than 20, then alimony is no more than 80% of the length of the marriage
• e) If the marriage is more than 20 years, alimony payments can be lifetime.

General Alimony is terminated upon death, remarriage of the recipient spouse, or cohabitation of the recipient spouse. General Alimony cannot be reinstated by a modification following the remarriage of the recipient spouse, but can be reinstated following the breakup of the cohabitation. General alimony will terminate upon the payor reaching retirement age.

Rehabilitative Alimony
Rehabilitative Alimony is the periodic payment of support to a recipient spouse who is expected to become economically self-sufficient with a certain period of time. Under the new law, Rehabilitative Alimony may be ordered for no more than 5 years initially, but may be extended by order of the court.

Reimbursement Alimony
Reimbursement Alimony is the periodic or one-time payment of support after a marriage of not more than 5 years to compensate the recipient spouse for economic or non-economic contribution to the financial resources of the payor spouse. These payments are terminated upon death or on a specific date, but cannot be modified and are not calculated based on income.

Transitional Alimony
Transitional Alimony refers to the periodic or one-time payment of support after a marriage of not more than 5 years to transition the recipient spouse to an adjusted lifestyle or location as a result of the divorce. Transitional Alimony may be ordered for no more than 3 years and cannot be modified. The amount of alimony will be 30-35% of the difference between the parties’ gross income.

This reform is long overdue since the Massachusetts alimony statute is outdated and lags behind the reform of most other states. If you have any questions on how the Alimony Reform Bill affects your existing alimony payments, please contact our office.

As the median sales price of a Massachusetts home approaches $300,000, it is crucial that buyers have the Purchase & Sale Agreement (“P&S”) reviewed by an attorney. The P&S is a legal document that creates binding obligations between the seller and buyer. There are countless issues to be addressed in the P&S: the closing date, condition of the property, arranging for inspection, what personal property is included in the sale and potential title issues, to mention just a few.

Just as every home is unique, so is each real estate transaction. The use of a standard P&S form may not fully address the buyer’s desires or protect their interests. For example, the minor difference in a P&S stating the seller “may” complete a repair, rather than “shall” can prevent unnecessary stress at the closing table. Would you purchase a home without an inspection? Of course not, and you should not sign a P&S without consulting an attorney either.

If you are buying or selling your home, please contact us for a consultation.

Here at Konowitz & Greenberg, we continue to encourage our clients to have a Declaration of Homestead prepared and recorded with the Registry of Deeds where their primary residence is located as this protects a homeowner’s equity up to $500,000. The Homestead Estate is designed to protect home ownership from execution and forced sale, so long as the owner or covered family member occupies or intends to occupy the property as his or her principal place of residence.

If you have any questions regarding the new Homestead Law or other estate planning matters, please contact us for a consultation.