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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111454
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Survival of agreement after divorce: At any hearing on the

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Survival of agreement after divorce:
At any hearing on the divorce complaint, acopy of this Agreement may be submitted to the probate and family court and may be incorporated in the judgement of divorce. Notwithstanding such incorporation, this agreement shall not be merged into the judgement of divorce, but shall survive the same, retain independent legalsignificance and be thereafter forever binding upon the husband and wife. Howewver, all matters pertaining to the children shall merge into judgement of divorce, shall not survive, nor shall it have independent legal significance and shall be enforceable and modifiable in any court of competent jurisdiction including without limitation the probate and family court.
This is in my divorce papers. There was an amendment in 2012 to the Massachusetts law.
I am the wife with life time alimony. Should i be worried?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the new MA law, while the courts can still order lifetime alimony for marriages lasting more than 20 years, the new MA law limits alimony as follows:
1) five years or less, alimony payments will not last more than one-half of the number of months of the marriage;
2) ten years or less, but more than five years, alimony payments will not last more than sixty percent of the number of months of the marriage;
3) fifteen years or less, but more than ten years, alimony payments will not last more than seventy percent of the number of months of the marriage;
4) twenty years or less, but more than fifteen years, alimony payments will not last more than eighty percent of the number of months of the marriage
Thus, the court may revisit the lifetime alimony issue based on the new law. A person paying alimony may be entitled to seek modification of an alimony award if he or she has exceeded the durational limits contained in the new bill. The durational limits only apply to marriages which lasted twenty years or less.
HOWEVER, the new law would not impact you if there was an agreement that states the alimony could not be modified or changed. So if your agreement states it would remain forever binding, that would mean it could not be changed even with the new law.

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