Massachusetts Law About Alimony
See Also:
Best Bet
Family Law Advocacy for Low and Moderate Income Litigants, 2d ed. 2008, Mass. Legal Services. Chapter 6: Alimony, Pensions and Other Relief. Online version of great book.
Massachusetts Laws
- St.2011, c.124 An Act Reforming Alimony in the Commonwealth Effective March 1, 2012
- MGL c. 208, s 34 Alimony or assignment of estate
- MGL c. 208, s.37 Modification of Massachusetts and foreign alimony judgments
Federal Laws
- 10 USC 1408 Payment of retired or retainer pay (military) in compliance with court orders
- 26 USC 71 Alimony and separate maintenance payments (tax code)
- 26 USC 215 Alimony, etc. payments (tax code)
Selected Massachusetts Cases
Sampson v. Sampson, 62 Mass. App. Ct. 366 (2004). The Appeals Court reversed and remanded an alimony award because the Probate judge's order left the wife in "economically strained circumstances" while the husband was "guaranteed continued enjoyment of the secure, comfortable marital lifestyle."
Pierce v. Pierce, 455 Mass. 286 (2009). Discusses the factors a judge must take into consideration in making an award of alimony or a modification of an award and the balance a judge must strive for when resources are inadequate to maintain the marital standard of living. The court found that the Probate judge "did not abuse her discretion in finding that a reduction in the amount of alimony, but not a termination of alimony, was warranted in view of the totality of the circumstances." Also provides a good review of the history of alimony in Mass.
Other Web Sources
Alimony, Mass. Dept. of Revenue A tax guide to alimony and Mass. income tax instructions for payor and payee.
Dept. of Revenue LR 85-38: Alimony and Child Support, Distinguished
Massalimonyreform.org. Compilation of news stories about the 2011 alimony law from various media outlets on the website of a reform organization.
Print Sources
Alimony summit, 2011, MCLE, 2011.
Alimony trends & theories, MCLE, 2011.
Contemporary Alimony Considerations, Suffolk Univ. Adv. Legal Studies, 2009.
Gannett, David M. and Perocchi, Paul P., Tax Aspects of Divorce in Massachusetts, NBI, 2005.
Ginsberg Formula for Alimony: Ginsberg, Edward M. Hon. "The Place of Alimony in the Scheme of Things", 14 Massachusetts Family Law Journal 107 (Jan. 1997).
Harvey, John V. et al., Mass. Domestic Relations, West, 1996 with supplement. Chapter 11: Alimony
Latest developments in alimony, Suffolk Univ. Adv. Legal Studies, 2011.
Gives short history from 1974 statute to Alimony Reform Act of 2011, comparison of 2011 act to previous M.G.L. c. 208 s. 34, describes forms of alimony, modifications. Includes a list of cases.
Massachusetts Practice v.1-3 (Family Law and Practice), 3d ed., ThomsonWest, 2002 with supplement. Chapter 38: Alimony
Principles of the Law of Family Dissolution: Analysis and recommendations, American Law Institute, 2002 with supplement. Chapter 5: Compensatory Spousal Payments
Shaw, "Determining cash flow for calculating spousal support," 22 Amer. J. of Family Law 17 (Spring 2008)