Long Overdue Alimony Bill Hits Gov.’s Desk

**UPDATE 9/26/2011 – Governor Patrick signed The Alimony Reform Act of 2011**

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Today the Senate picked up where the House left off last week — passing the long awaited Alimony Reform Act of 2011.  Advocates of alimony reform packed the Senate gallery, wearing red shirts as a sign of solidarity and as a visual reminder of the legislation’s numerous supporters.  Tucked into the cramped viewing area, members of the legislative task force on alimony patiently waited to witness their hard work come to fruition.

Getting to this point, with comprehensive alimony reform on the verge of enactment, has not been easy.  For years lawyers have shared anecdotes of clients forced to pay alimony indefinitely, regardless of circumstances.  They have also pointed to inconsistent rulings leading to forum shopping, and the need to consider cohabitation as a factor in modifying existing alimony agreements.

These past few weeks we have witnessed the culmination of years spent analyzing Massachusetts’ antiquated alimony laws and offering recommendations in the form of legislative proposals.  The process has had starts and stops.  It has been protracted and often contentious.  Yet now, thanks to the perseverance of the BBA and other organizations, the bill is on the Governor’s desk awaiting his signature.

It is remarkable how far we have come.  This outcome is an example of what can be accomplished when individuals with different perspectives identify a common goal.  By working collaboratively and cooperatively, stakeholders approached the problem rationally and hammered out an agreement in which everyone sacrificed something for the common good – the sign of a successful negotiation.

Session after session, alimony bills have been filed, many of which have garnered the BBA’s support.  One such bill added the words “and duration” to the current alimony statute, a simple addition thereby giving judges the discretion to place durational limits on alimony awards.  Pushing for a small change like this can have the advantage of quietly accomplishing a revision without causing as loud a clamor as sweeping change tends to do.  Yet in hindsight, it takes more than just a couple of words to fix the Commonwealth’s broken alimony system.

Last session, the Legislature finally saw the full scope of the problem.  After years of study and advocacy, how could they not?  The Judiciary Committee brought all of the stakeholders together to reach a fair and realistic consensus.  This bill goes beyond the BBA’s initial concerns; it tackles the broken system of alimony head-on in a clear and concise manner.

This entire process has broadened our view of a systemic problem in the administration of justice.  It has also opened our eyes up to just how much can get done when all of the stakeholders in an issue put everything aside to focus on the problem at hand.  The Alimony Reform Act of 2011 is the culmination of years of hard work and will be a victory for justice in the Commonwealth.

-Kathleen Joyce

Government Relations Director

Boston Bar Association

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