The Standard Rules of Alimony in Massachusetts

Alimony, also called spousal support, is a regular payment made after divorce by one ex spouse to the other. Normally, alimony is paid by the higher earning of the two spouses. The type of alimony that is paid, the period that it lasts and other factors are determined by standard rules applied by a Family Law Court in Massachusetts.

Alimony was first devised when it was more common for one spouse, typically the wife, to stay at home and look after the children. If the couple divorced, the female spouse was often financially disadvantaged because of lack of training and employment prospects. Alimony placed the burden of support squarely on the better off spouse which helped to avoid any request for financial support from the government.

These days, couples are often more balanced in terms of educational opportunity and employment opportunities. Many couples may be both working when they divorce. Nevertheless, alimony rules still provide for support for the least financially advantaged ex-spouse if this is requested by one or other spouse who can show that the payments are needed, at least temporarily.

Massachusetts rules on type of alimony

Massachusetts recognizes four types of alimony. These are:

1. General term alimony;
2. Rehabilitative alimony;
3. Transitional term alimony;
4. Reimbursement alimony;

These four types of alimony are explained more clearly below.

• General term alimony

This type of alimony is for a specific period after divorce, the period determined by the length of the marriage. It is a regular payment made by the higher earning of the two spouses to the less financially secure spouse or one who is unemployed. The court will only order a general term alimony if there is proof that there is a need for it.

• Rehabilitative alimony (normally limited to five years maximum)

This type of alimony is designed to support the less well off spouse become better educated or go through training which will allow that ex spouse to become financially independent. The period of rehabilitative alimony payments is only temporary and will end when the recipient ex spouse becomes financially independent.

• Transitional term alimony (normally limited to five years maximum)

This type of alimony is only ordered for marriages that have lasted less than 5 years. It is designed to support an ex-spouse settle into a new location or lifestyle. It may be in the form of a lump sum payment or a periodic payment.

• Reimbursement alimony

This is a type of alimony that doesn’t necessarily have to be paid by the higher earning of the two ex-spouses. It is ordered when one spouse was supported during the marriage by financial contributions which helped them in their career, e.g. by paying for their training. The court may require this spouse to pay back the contributions they received from the other spouse. This type of alimony is only available for marriages that lasted less than 5 years.

Massachusetts rules about the term of alimony payments

The state’s alimony rules determine how long general term alimony payments should be paid according to the length of the marriage. These rules are quite prescriptive.

If the ex spouse receiving alimony payments remarries, cohabits with another unrelated partner for more than 3 months, or one of the ex spouses dies, then all alimony payments cease.

• For marriages that lasted more than 20 years, the court may decide that alimony payments are life-long (assuming that the criteria listed above don’t materialize).
• For marriages that lasted between 15 and 20 years, the maximum alimony period cannot be more than 80% of the time the couple was married.
• For marriages that lasted between 10 and 15 years, this maximum period is reduced to 70% of the time married.
• For marriages that lasted between 5 and 10 years, the maximum period is reduced further to no more than 60% of the time married.
• For marriages of less than 5 years, the maximum alimony period is 50% of the time the couple was married.

In all these periods that alimony is ordered by the court, the judge who determines the time and amount of alimony has discretion about alimony payments. Factors that the judge may take into consideration include the following:

• the length of the marriage (as described above);
• the relative ages of each spouse;
• the health of each spouse;
• the income and employment history of each spouse;
• the contributions made by each spouse during the marriage, both economic and non-economic;
• the lifestyle enjoyed by each spouse during the marriage and the ability of each spouse to continue enjoying this lifestyle;
• the ability of each spouse to be employed, even if this means extra effort, training or educational achievement;
• sacrifices made by each spouse during the marriage which reduced their earning capability.

Generally, adultery as a cause of divorce may not be considered by the court, unless the spouse requesting alimony received financial payments from the person they were cheating with or if they wasted cash or other assets on that person before divorce.

Modifications to alimony payments

Modifications can be requested by either spouse for general term and rehabilitative alimony if the circumstances in which either spouse exists has changed materially. Any modification to alimony agreed to by the court may be only temporary or permanent.

Filing for alimony or for a modification to the terms of alimony can be a challenging experience. You may want to contact an experienced Massachusetts divorce attorney to help you with decisions or conflicts over alimony.