Arizona readers understand that the award of alimony payments to a spouse is often a contentious issue in many divorce matters. Divorcing couples can negotiate the amount and length of the payments, but sometimes the decision ends up with the court. The judge can consider many factors including the length of marriage, the employment status of the spouses and the economic conditions of the family.
Once the award of spousal maintenance is made, the paying spouse is required to follow the court order. Generally, payments cannot be modified unless the parties either petition for a modification or negotiate a change. Any change will have to be documented in the court record.
Arizona residents may have read about a new law taking effect in Massachusetts on March 1. The legislation will limit the authority of courts when it comes to the amount of time that alimony can be awarded to spouses. For marriages lasting up to five years, judges will only be able to award alimony for a total term of no more than half the time the couple was married. The law also introduces the concept of reimbursement alimony, designed to compensate spouses of short marriages for expenses that include paying for schooling. Further, second jobs and overtime pay are now eliminated from consideration in assessing an appropriate figure for spousal support, and any payments for medical or life insurance are to be deducted from any award.
Proponents of the new law say that this bill was needed in Massachusetts due to the high level of lifetime alimony awards previously made by family law courts, even in marriages of short duration. The time limits are said to be intended to provide fairness to all divorcing parties. Couples who are already divorced may apply for a modification based on the new law beginning on March 1, 2013. While it remains to be seen what effect the new Massachusetts law will have on other jurisdictions, it appears to reflect a growing interest in the manner in which family law courts assess and determine spousal support payments. It will be interesting to see if Arizona family law courts decide to take a similar approach.
Source: WWLP.com, "Alimony reform act to take effect soon," Anaridis Rodriguez, Feb. 6, 2012.
