Daily Archives: February 26, 2016

Proposed Bill to Allow Pre 2012 Alimony Orders to Terminate at Retirement

Massachusetts Representative John Fernandes recently (February 19, 2016) filed House Bill HD4546 which if enacted would now allow alimony orders which were entered into prior to 2012 to terminate upon the Federal Age of Retirement per Massachusetts General Laws Chapter 208 Section 49.

This proposed bill is in direct response to what many believed to be a surprising ruling by the Massachusetts SJC in Chin v. Merriot, which held that alimony orders made prior to enactment in 2012 could not terminate upon the payor reaching the full federal age of retirement.

The Bill would also clarify issues related to cohabitation making the existence of cohabitation a material change of circumstances opening for doors to a modification of the payor’s obligation.

It should be interesting to see where this goes.  The Bill appears to have a fair amount of support.

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