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The Effect of Cohabitation on Alimony in the United States

December 01, 2015

Introduction

Family law in Massachusetts was in a state of upheaval for a long time. The court’s had a great deal of discretion, and the rules regarding alimony awards were vague, which led to inconsistent results and discontent among divorced payors, historically a demographic dominated by men. The Alimony Reform Act of 2011 is a result of the legislature‘s effort to alleviate some of the issues regarding alimony, and bring Massachusetts more in line with other states’ procedures. There are various provisions of the act that have drawn criticism. The focus of this article will be those sections of the act governing the suspension, reduction, or termination of alimony upon the recipient’s spouse’s cohabitation with a member of the opposite sex. This paper will explore the history and justifications behind the new alimony law, and will discuss varying perspectives on the issue of cohabitation, including how some other states have dealt with the issue.

“Reprinted from Massachusetts Family Law Journal Volume 33, Issue 6 (Nov./Dec. 2015) from Matthew Bender with permission. Copyright 2016 Matthew Bender & Company, Inc., a LexisNexis company.  All rights reserved.”

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  • Publications: MA Family Law Journal