Legal Question in Family Law in Massachusetts
I was married for 13 years and divorced in 200.9 1our agreement included alimony and child support. The alimony payments were supposed to end when either of us died or I remarried. When the alimony reform law was changed in 2012, does this mean that I am no longer entitled to alimony until or if I remarry? It seems like there should be some kind of "grandfather clause". I understand there is a certain time period that my ex husband has to modify this. I am trying to figure out when/if my alimony ends? If he tries to modify it, is there a financial accounting of our expenses or some way to show that I wont be able to pay my mortgage without the alimony payments?
2 Answers from Attorneys
Under the current law you would get alimony for a period of 70% of the time you were married. The ability of your spouse to change the duration of the support will depend on the type of separation agreement and divorce judgment.
If he seeks a modification on the amount he will have to show a change in circumstances, such as being fired or having a significant reduction in income. If he attempts to reduce the period of support as alimony from permanent to 70% of the 13 years there is guarantee he will get it.
Because the new alimony law generally limits the duration of your alimony to 70% of the time you were married, on 3/1/15 or anytime after, your husband will be entitled to file for modification asking that it be terminated.
The court does have discretion to continue the alimony, so it may be worth it to ask the judge to extend it. You should get a consultation with an attorney.
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