HOUSE DOCKET, NO. 4010        FILED ON: 7/9/2015

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The Commonwealth of Massachusetts

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PRESENTED BY:

Bruce J. Ayers, (BY REQUEST)

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to termination of alimony judgments.

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PETITION OF:

HOUSE DOCKET, NO. 4010        FILED ON: 7/9/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act relative to termination of alimony judgments.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 124 of the act of 2011 is hereby amended by striking out section 4 and inserting in place thereof the following section:-

Section 4. (a) Section 49 of chapter 208 of the General Laws shall apply prospectively, such thatto alimony judgments entered before, after or on March 1, 2012 shall terminate only under such judgments, under a subsequent modification or as otherwise provided for in this act.

(b) Sections 48 and sections 50 to 55, inclusive, of said chapter 208 shall not be deemed a material change of circumstance that warrants modification of the amount of existing alimony judgments.; provided, however, that eExisting alimony judgments that exceed the durational limits under section 49 of said chapter 208 shall be deemed a material change of circumstance that warrant modification.

Existing alimony awards shall be deemed general term alimony. Existing alimony awards which exceed the durational limits established in said section 49 of said chapter 208 shall be modified upon a complaint for modification without additional material change of circumstance, unless the court finds that deviation from the durational limits is warranted. Subject to subsection (c) and said section 49 of said chapter 208, upon the occurrence of an event warranting suspension, reduction or termination of a general term alimony award pursuant to subsection (a), subsection (d) or subsection (f) of said section 49, an existing alimony award shall be so suspended, reduced or terminated upon a complaint for modification without additional material change of circumstance.

(c) Under no circumstances shall said sections 48 to 55, inclusive, of said chapter 208 provide a right to seek or receive modification of an existing alimony judgment in which the parties have agreed that their alimony judgment is not modifiable, or in which the parties have expressed their intention that their agreed alimony provisions survive the judgment and therefore are not modifiable.