Kelly and Alex were granted a divorce. The judge also entered a judgment for alimony payments, so that Kelly was ordered to pay Alex $800 per month, along with providing health insurance for Alex.

Kelly has not complied with the health insurance requirement, although she has paid the required monthly alimony amount. Kelly was recently laid off from her well-paying position and now makes about two-thirds of her previous salary. What are Kelly’s options for modifying her alimony payments, especially given that she hasn’t complied with part of the original order?

Alimony is court-ordered support from one spouse to another.[1] In 2011, Massachusetts adopted the Alimony Reform Act. The Act, which took effect in March, 2012, governs the type, the amount, the duration, and the termination of alimony payments. In Massachusetts, there are four types of alimony[2]: (1) General Term alimony (provides regular support for a length of time based on the length of the marriage); (2) Rehabilitative alimony (provides regular support until the ex-spouse is able to be self-sustaining); (3) Reimbursement alimony (provides regular or one-time support for a shorter marriage to make up for costs that the ex-spouse paid in supporting the other spouse); and (4) Transitional alimony (provides regular or one-time support).

A judge may decide to change a general term alimony payment if there is a “material change of circumstances warranting modification.”[3] The modification may be permanent, indefinite, or for a finite duration.[4] In addition to needing a “material change of circumstances” Massachusetts Judges also require “clear and convincing evidence” of an extension of an existing alimony order.[5] Massachusetts courts will not order a modification of reimbursement alimony.[6] Additionally, courts will not modify or extend transitional alimony.[7] Depending upon the grounds for doing so, Massachusetts courts may deviate from the duration and amount limits for general term alimony and rehabilitative alimony.[8]

With regard to Kelly, it is important that she speak with her competent alimony law attorney, so that she can request that a modification be made to her alimony order. If she has an order for general term alimony, a judge may enter a modification, so long as she has a “material change in circumstances.” Kelly should not elect to change her payments without a judge’s permission, or else face issues with contempt. It is possible that Kelly will be forced to make additional payments to make up for the health insurance provisions that she owes to Alex.

If you have any questions about issues of divorce, alimony, or property division, you may schedule a free consultation with our office. Call 978-225-9030 during regular business hours or complete a contact form here, and we will get back to you at our earliest opportunity.

 

 

[1] Mass. Gen. Laws ch. 208 § 48

[2] Id.

[3] Mass. Gen. Laws. ch. 208 § 49(e)

[4] Id.

[5] Mass. Gen. Laws. ch. 208 § 49(f)(2)

[6] Mass. Gen. Laws. ch. 208 § 51(b)

[7] Mass. Gen. Laws. ch. 208 § 51(b)

[8] Mass. Gen. Laws. ch. 208 § 53