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Health & Fitness

When Does Alimony End?

When does alimony end?

Almost every divorced or divorcing person living in Massachusetts knows that alimony laws changed dramatically when Gov. Deval Patrick signed a new bill on alimony on Sept. 26, 2011.  The new law went into effect March 1, 2012.

The law provides that: general term alimony orders shall terminate upon the payor attaining the full retirement age when he or she is eligible for the old-age retirement benefit under the United States Old-Age, Disability, and Survivors Insurance Act, 42 U.S.C. 416, as amended and as may be amended in the future. 1

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In plain English, alimony ends when the person paying the alimony reaches his or her full retirement age (FRA) according to Social Security (although the court may set a different alimony termination date for good cause this blog post focuses solely on social security FRA).

For social security purposes, your FRA is based on your year of birth.  For example, if you were born between 1943 and 1954 your FRA is 66.  If you were born in 1960 or later, your FRA is 67.  What happens then to everyone born between 1954 and 1960?  Is their FRA 66 or 67?  The answer: neither one. Each year between 1954 and 1960 has its own FRA that is stepped up in increments of 2 months (1955 – 66 and 2 months; 1956 – 66 and 4 months; 1957 – 66 and 6 months). The full chart is at http://www.ssa.gov/retire2/retirechart.htm 

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For example, when reviewing a client's draft separation agreement, I find that the alimony termination date is stated as age 66. However the husband's social security statement gives his FRA as 66 and 10 months. This is 10 additional months of alimony payments to her.

Remember to check the actual full retirement date for yourself and your spouse using the chart above or log onto the social security web site at www.ssa.gov to create an account for yourself.


1.http://www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/documents/enacted-alimony-bill.pdf as of April 11, 2013.

More information about Senes & Chwalek Financial Advisors can be found at www.senesandchwalek.com.  Views and opinions expressed are those of Renee W. Senes and David Chwalek and are subject to change based on market and other conditions.  The information provided is general in nature and should not be construed as tax or investment advice. Consult your investment professional regarding your unique situation.

Renee W. Senes and David Chwalek are Registered Representatives and offer securities through Investors Capital Corporation, Member FINRA, SIPC

Advisory Services are offered through Investors Capital Advisory Services, 6 Kimball Lane, Lynnfield, MA  01940  (800) 949-1422

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