A bill working its way through the Massachusetts legislature regarding spousal support is polarizing the entire nation as other states are taking a wait and see approach before deciding to pass similar legislation. Our Orange County divorce attorneys took a quick look at what is called the Massachusetts Alimony Reform Act and note that it is very similar to laws already in place in California.
In essence, the Reform Act is looking to eliminate lifetime alimony payments, except for in special circumstances. Here in California, if a marriage lasts more than 10 years, a judge may grant permanent alimony to one spouse. If the spouse receiving support should remarry, then spousal support payments would end.
In marriages lasting less than 10 years, spousal support payments typically are granted for a period of time equal to half the length of the marriage. The Massachusetts bill involves several more “tiers” than just the 10 year cutoff we have here in California. Of course there are other factors that are taken into consideration in California other than just the length of the marriage when determining spousal support.
Some examples are:
• Each spouse’s income.
• Each spouse’s marketable skills.
• The couple’s lifestyle during the marriage.
• The duration of the marriage.
• Special needs or financial hardship faced by a divorcing spouse.
Both sides of the debate make valid point, and with over 30 years of experience as Southern California spousal support attorneys, we have litigated both sides of the debate for our clients. It will be interesting to see how this bill affects legislation nationwide. We know that we’ll be keeping an eye on things.
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