Alimony, also called spousal support, is a regular payment made by the better off spouse after a divorce to the less better off one. Not all divorces result in alimony being paid out. In some ways, the payment itself is a throwback to times past when many more marriages consisted of a single breadwinner (usually the male partner) while the other partner stayed at home to look after children and take care of household chores. If the marriage broke up, it typically meant that the breadwinner was more able to survive financially, while the dependent partner could not and may have been less educated or did not possess a marketable skill. Courts decided in that case to award alimony as a payment to help the less financially well off spouse.
Times have changed considerably since alimony was first devised, but there are still situations in which a couple’s financial security may vary significantly after divorce. Alimony is not gender specific. It is paid by whoever is judged to be financially more secure, whether that is a male or female. It is also dependent on one spouse requesting that alimony is paid in a divorce settlement or when a court has assessed the relative financial strengths of each spouse and the ability of each spouse to survive financially during a divorce settlement process.
Deliberate avoidance of alimony payments is a criminal offense in Massachusetts
In Massachusetts, once alimony has been decided, it must be taken seriously by the ex spouse who has been ordered to pay it. Deliberate failure to maintain alimony payments at the amount ordered and for the term decided on may be considered a criminal offense. The ex partner may be charged with contempt of court and fined or even jailed until alimony payments are resumed.
Note that alimony or payments to an ex spouse are not the same as child support. A court may require one of the parents (typically the same as the spouse who is ordered to pay alimony) to contribute payments in support of his or her child if the child is living with and cared for primarily by the other partner.
Four different types of alimony
Massachusetts recognizes four different types of alimony. These are:
- general term payments;
- rehabilitative alimony payments;
- reimbursement alimony payments;
- transitional alimony payments.
All alimony payments, of any of the four types, are calculated according to several factors before decisions about the amount of payment, how often it is paid and the term (duration) of the payment, are made.
The general term payment is the most common type of alimony when there is a significant discrepancy between the two spouses in terms of financial security and ability to secure a standard of living similar to which they have become accustomed during the marriage. This type of alimony is term dependent, the term dependent on the length of the marriage. Generally, the longer the marriage has endured, the longer the alimony payment will be continued. For example, for:
- a marriage that has only survived for less than 5 years, the alimony may last not more than half the length of the marriage.
- a marriage between 5 and 10 years, the alimony may last 60% of that period;
- a marriage between 10 and 15 years, 70%;
- a marriage of between 15 and 20 years, 80%;
- a marriage of more than 20 years, then the alimony term may be much longer, or life-long.
Rehabilitative alimony payments may be ordered when there is a need for one of the spouses to go through training or become financially independent. These will stop when it is determined that each spouse can live independently successfully.
Redistributive alimony may be paid to one or other spouse when it has been determined that that spouse received payments while married to help them gain a degree or training and now the payment should be returned.
Transitional payments are paid for a limited period after a marriage that lasted less than 5 years. The payments are to help the other spouse make the transition to a more secure financial existence.
Factors that courts use to decide on the type and duration of alimony
The primary factor that a court uses to determine whether any alimony should be paid at all is after an assessment of the relative financial security of each spouse, particularly regular income and assets. However, many other factors are taken into consideration as well, which will determine how much the alimony should be and how long it should last.
- the length of the marriage;
- the age of each spouse at divorce;
- the health of each spouse;
- educational qualifications of each spouse;
- employment history of each spouse;
- ability to secure suitable employment;
- contributions made by each spouse during the marriage;
- whether one or the other spouse failed to secure economic opportunity because of the marriage;
- the marital lifestyle each spouse was accustomed to;
- any other factor considered relevant by the court.
Modifications to and cancellation of alimony
The Probate and Family Law Court may decide to modify the alimony payments or term of payments if information regarding the financial security of either spouse is received. For example, if the ex spouse receiving alimony payments, re-marries, or establishes a long lasting relationship with a new partner, then alimony is typically cancelled.
Alimony payments may be reduced or cancelled if it is determined that the ex spouse receiving payments has established financial security through training, employment etc.
Alimony modifications may be requested by either ex-spouse to the court, but until the court has re-assessed the reasons for modifying or cancelling alimony, payments must be maintained at the level originally ordered, with penalties possible if this does not happen.
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