Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1099 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1983 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1099
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Paul R. Feeney
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act reforming alimony in the Commonwealth.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Paul R. FeeneyBristol and Norfolk 1 of 4
16	16	SENATE DOCKET, NO. 1983 FILED ON: 1/17/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1099
18	18	By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1099) of Paul R. Feeney for
19	19	legislation to reform alimony in the Commonwealth. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 968 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act reforming alimony in the Commonwealth.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 53 of chapter 208 of the General Laws, as appearing in the 2022
31	31	2Official Edition, is hereby amended by inserting after the word “order”, in line 24, the following
32	32	3words:- , except in cases where deviation applies pursuant to subsection(e).
33	33	4 SECTION 2. Said chapter 208 is hereby further amended by adding the following
34	34	5section:-
35	35	6 Section 56. No alimony judgment under sections 48 to 55, inclusive, where the parties
36	36	7have agreed in writing that the alimony judgment survives or is not modifiable shall be modified
37	37	8by a court without the consent of both parties.
38	38	9 SECTION 3. Chapter 124 of the acts of 2011 is hereby amended by striking out section 4
39	39	10and inserting in place thereof the following section:- 2 of 4
40	40	11 Section 4. (a) As used in this section the following words shall, unless the context clearly
41	41	12requires otherwise, have the following meanings:-
42	42	13 "Alimony", the payment of support from a spouse, who has the ability to pay, to a spouse
43	43	14in need of support for a reasonable length of time, under a court order.
44	44	15 “Existing alimony judgment”, an order of a court to pay alimony entered by a court prior
45	45	16to March 1, 2012.
46	46	17 “General term alimony”, the periodic payment of support to a recipient spouse who is
47	47	18economically dependent.
48	48	19 “Payor”, a spouse required by order of a court to pay alimony or general term alimony.
49	49	20 “Recipient”, a spouse receiving by order of a court alimony or general term alimony.
50	50	21 (b) Existing alimony judgments shall be general term alimony as that term is defined in
51	51	22section 48 of chapter 208 of the General Laws.
52	52	23 (c) Unless otherwise provided in this section, existing alimony judgments shall terminate
53	53	24pursuant to the terms of such existing alimony judgment or pursuant to an order of modification
54	54	25entered by a court.
55	55	26 (d) Existing alimony judgments that exceed the durational limits under section 49 of said
56	56	27chapter 208 shall be deemed a material change of circumstance that warrants modification and
57	57	28shall be modified upon a complaint for modification without additional material change of
58	58	29circumstance, unless the court finds that deviation from the durational limits is warranted. 3 of 4
59	59	30 (e) A payor of alimony paying alimony pursuant to an existing alimony judgment may
60	60	31file a complaint for modification of the existing alimony judgment if the recipient is determined
61	61	32to be cohabitating pursuant to subsection (d) of said section 49 of said chapter 208. A court
62	62	33considering a complaint for modification of an existing alimony judgment pursuant to this
63	63	34subsection shall consider the recipient’s cohabitation a material change of circumstance when
64	64	35ruling on the complaint for modification.
65	65	36 General term alimony shall be suspended, reduced or terminated upon the cohabitation of
66	66	37the recipient spouse when the payor shows that the recipient spouse has maintained a common
67	67	38household, as defined in this subsection, with another person for a continuous period of at least 3
68	68	39months.
69	69	40 (1) Persons are deemed to maintain a common household when they share a primary
70	70	41residence together with or without others. In determining whether the recipient is maintaining a
71	71	42common household, the court may consider any of the following factors:
72	72	43 (i) oral or written statements or representations made to third parties regarding the
73	73	44relationship of the persons;
74	74	45 (ii) the economic interdependence of the couple or economic dependence of 1 person on
75	75	46the other;
76	76	47 (iii) the persons engaging in conduct and collaborative roles in furtherance of their life
77	77	48together;
78	78	49 (iv) the benefit in the life of either or both of the persons from their relationship;
79	79	50 (v) the community reputation of the persons as a couple; or 4 of 4
80	80	51 (vi) other relevant and material factors.
81	81	52 (2) An alimony obligation suspended, reduced or terminated under this subsection may
82	82	53be reinstated upon termination of the recipient's common household relationship; but, if
83	83	54reinstated, it shall not extend beyond the termination date of the original order.
84	84	55 (f) A payor of alimony paying alimony pursuant to an existing alimony judgment may
85	85	56file a complaint for modification of the existing alimony judgment if the payor has reached full
86	86	57retirement age pursuant to subsection (f) of said section 49 of said chapter 208. A court
87	87	58considering a complaint for modification of an existing alimony judgment pursuant to this
88	88	59subsection shall consider the payor’s reaching full retirement age a material change of
89	89	60circumstance when ruling on the complaint for modification. The court may grant a recipient an
90	90	61extension of an existing alimony order for good cause shown; provided, however, that in
91	91	62granting an extension, the court shall enter written findings.
92	92	63 (g) No existing alimony judgment under this section where the parties have agreed in
93	93	64writing that the existing alimony judgment survives or is not modifiable shall be modified by a
94	94	65court without the consent of both parties.