Alimony can be a significant issue in a Massachusetts divorce, particularly when there is a meaningful difference between the spouses’ incomes or earning abilities. If you are considering or going through a divorce, you may be wondering whether alimony will apply, how much might be awarded, and how long it could last. These are common questions for both spouses who may pay alimony and those who may receive it.
Massachusetts alimony law provides guidelines for determining the amount and duration of support, but the outcome depends heavily on the circumstances of each marriage. Understanding how courts apply these rules is therefore an important part of evaluating a divorce case, and often one of the issues to discuss with a Massachusetts divorce lawyer when assessing the financial consequences of divorce.
How Alimony Works in Massachusetts
Alimony is court-ordered financial support paid by one former spouse to the other following a divorce. Massachusetts alimony law is governed primarily by M.G.L. c. 208, §§ 48–55, which were substantially revised by the Alimony Reform Act of 2011, effective in 2012. The Reform Act created a more structured framework for alimony, including four different types of alimony and presumptive limits on how long certain alimony awards may continue.
Alimony is not automatically awarded in a Massachusetts divorce. An award generally depends on the recipient’s need for support and the other spouse’s ability to pay. In determining whether alimony is appropriate, the court considers statutory factors including the length of the marriage, the parties’ ages and health, their incomes, employment and employability, economic and non-economic contributions to the marriage, marital lifestyle, ability to maintain that lifestyle, and lost economic opportunity resulting from the marriage.
Massachusetts alimony law has also continued to develop through appellate decisions interpreting and applying the statute. Cases such as Cavanagh v. Cavanagh, addressing the interaction between alimony and child support, along with other significant decisions, have shaped the law concerning marital lifestyle, income, retirement, cohabitation, and modification of existing alimony orders.
Although the Reform Act created greater structure and predictability, alimony remains discretionary and highly dependent on the circumstances of each case. The type of alimony that may be appropriate, how long it may continue, and whether there are grounds to depart from the statutory framework can vary considerably from one divorce to another.
How Massachusetts Courts Calculate Alimony
When determining alimony, Massachusetts courts consider the factors set forth in M.G.L. c. 208, § 53, including:
- the length of the marriage;
- the age and health of the parties;
- the income, employment, and employability of both spouses, including employability through reasonable diligence and additional training if necessary;
- the economic and non-economic contributions of both parties to the marriage;
- the marital lifestyle;
- each party’s ability to maintain the marital lifestyle;
- lost economic opportunity resulting from the marriage; and
- any other factors the court considers relevant and material.
These factors help the court evaluate the recipient’s need for support and the other spouse’s ability to pay. Marital lifestyle can be particularly important because alimony is intended, where the parties’ finances permit, to address the economic consequences of divorce in light of the standard of living established during the marriage.
The amount of alimony is also subject to a statutory guideline. Except for reimbursement alimony and circumstances warranting deviation, an alimony order generally should not exceed the recipient’s need or 30% to 35% of the difference between the parties’ gross incomes, whichever is less. This is a ceiling rather than a guarantee that alimony will be awarded at that percentage, and courts may order a lower amount based on the circumstances of the case.
Types of Alimony
Massachusetts law recognizes four types of alimony. General term alimony provides ongoing support to an economically dependent former spouse. Rehabilitative alimony provides support for a limited period while a former spouse is expected to become economically self-sufficient. Reimbursement alimony, available following marriages of five years or less, compensates a former spouse for economic or non-economic contributions to the other spouse’s financial resources. Transitional alimony, also limited to marriages of five years or less, provides short-term support to help a former spouse adjust to a new lifestyle or location following the divorce. Each type of alimony has different rules governing its purpose, duration, modification, and termination.
General Term Alimony
General term alimony provides ongoing support to an economically dependent former spouse. Massachusetts law generally determines the duration of general term alimony based on the length of the marriage and applicable presumptive limits.
General term alimony ordinarily terminates if the recipient remarries or if either party dies. The obligation also generally terminates when the payor reaches full retirement age, meaning the age at which the payor becomes eligible to receive full retirement benefits under the federal Social Security Act. The court may set a different termination date or extend alimony beyond full retirement age when permitted by law. These retirement provisions do not apply in the same way to every alimony order, particularly certain orders entered before the Alimony Reform Act took effect in 2012.
A court may also suspend, reduce, or terminate alimony if the recipient maintains a common household with another person for a continuous period of at least three months. Dating or spending substantial time with another person alone does not establish cohabitation. The court considers the statutory factors for determining whether the recipient is actually maintaining a common household.
The presumptive maximum duration of general term alimony is based on the length of the marriage:
- 5 years or less: no more than 50% of the number of months of the marriage.
- More than 5 years but no more than 10 years: no more than 60% of the number of months of the marriage.
- More than 10 years but no more than 15 years: no more than 70% of the number of months of the marriage.
- More than 15 years but no more than 20 years: no more than 80% of the number of months of the marriage.
- More than 20 years: the court may order alimony for an indefinite period.
These are presumptive duration limits rather than automatic awards. The court may deviate from them when permitted by the statute and supported by the required findings.
General Alimony Amount
For general term alimony, the amount generally should not exceed the recipient’s need or 30% to 35% of the difference between the parties’ gross incomes, whichever is less. The 30% to 35% range is a statutory ceiling, not a guaranteed amount or minimum, and courts may order less based on the circumstances of the case or deviate from the guideline when permitted by law.
Rehabilitative Alimony
Rehabilitative alimony supports a former spouse as they work toward economic self-sufficiency within a predictable timeframe. This may occur through reemployment, completion of education or job training, or the receipt of funds from the supporting spouse following the divorce. Rehabilitative alimony generally may continue for up to five years, although compelling circumstances may justify a longer duration.
Reimbursement Alimony
Reimbursement alimony compensates a former spouse for economic or non-economic contributions to the other spouse’s financial resources, such as supporting the other spouse while they complete an education or job training. It is available only for marriages of five years or less, with payments made periodically or in a lump sum. Reimbursement alimony is not modifiable and terminates upon the recipient’s death or on a date specified by the court.
Transitional Alimony
Transitional alimony helps a former spouse adjust to a new lifestyle or location following a marriage of five years or less. The recipient may receive alimony periodically or as a lump sum, but neither party can modify, extend, or replace it with another form of alimony. Transitional alimony terminates upon the recipient’s death or on a date specified by the court that is no more than three years after the divorce. The court may also require reasonable security for payment of transitional alimony in the event the payor dies before the obligation ends.
Property Distribution and Alimony
Property division and alimony are separate but often interconnected financial issues in a Massachusetts divorce. When dividing marital property through equitable distribution, the court considers the factors set forth in M.G.L. c. 208, § 34. These factors include the length of the marriage, the parties’ conduct during the marriage, and their ages and health. The court also considers income and employment, vocational skills, assets and liabilities, financial needs, and future financial opportunities. Finally, the court considers the amount and duration of alimony, if any.
The division of marital assets can also affect each party’s financial circumstances, need for alimony, and ability to pay it. For this reason, evaluating the overall financial consequences of a divorce generally requires considering property division and alimony together rather than addressing either issue in isolation.
Modifying or Terminating Alimony
An existing alimony order does not necessarily remain unchanged forever. Depending on the type of alimony, the date and terms of the original judgment, and whether an agreement merged into the judgment or survived as an independent contract, certain events may result in termination or provide grounds for a divorce modification of an alimony obligation.
For general term alimony, several circumstances can affect the obligation. These include the recipient’s remarriage or a material change in financial circumstances. Other circumstances include the recipient maintaining a common household with another person continuously for at least three months. The payor reaching full retirement age can also be a relevant circumstance. These events have different legal consequences. For example, remarriage generally terminates general term alimony, while qualifying cohabitation may result in suspension, reduction, or termination. The Alimony Reform Act also established retirement provisions for general term alimony. However, these provisions do not apply equally to every order. This is particularly true for certain judgments entered before the Act.
When a party seeks modification or termination based on changed circumstances, that party generally bears the burden of proving the facts supporting the requested relief. Cohabitation, for example, requires evidence that the recipient maintained a common household as defined by the statute, rather than simply evidence of a dating relationship. Because the Alimony Reform Act’s application to older orders has generated significant litigation and family law appeals, certain details matter. The date and language of the original divorce judgment can be particularly important. They can determine whether alimony can be modified or terminated and which legal standard applies.
Why Experienced Legal Guidance Matters in an Alimony Case
Alimony can have significant and long-lasting financial consequences for both spouses. Whether you expect to pay or receive support, an experienced attorney can help evaluate income, financial need, ability to pay, marital lifestyle, and the other factors Massachusetts courts consider when determining alimony.
Legal guidance can be particularly important when parties dispute income, when income involves complex sources, or when alimony requires consideration alongside child support and property division, child custody, and legal custody issues. If alimony may be an issue in your divorce, schedule a consultation with Turco Legal to discuss how Massachusetts alimony law may apply to your circumstances.
Frequently Asked Questions About Alimony in Massachusetts
How long does alimony last in Massachusetts?
The length of alimony in Massachusetts depends largely on the type of alimony awarded and the length of the marriage. For general term alimony, the law establishes presumptive maximum duration limits based on the length of the marriage. Marriages longer than 20 years may result in alimony for an indefinite period.
How much does alimony cost in Massachusetts?
In Massachusetts, alimony generally should not exceed the recipient’s need. It also generally should not exceed 30% to 35% of the difference between the spouses’ gross incomes. However, courts may order a lower amount based on the circumstances of the case. The 30% to 35% guideline reflects a time when payers could generally deduct alimony payments. Recipients generally paid taxes on those payments. Federal tax law now treats most newer alimony orders differently. The amount ultimately depends on factors such as financial need, ability to pay, income, and the marital lifestyle.
What qualifies you for alimony in Massachusetts?
In Massachusetts, courts may award alimony when one spouse needs financial support and the other spouse can pay. When deciding whether alimony is appropriate, the court considers several factors. These include the length of the marriage, the parties’ incomes and employment opportunities, and their ages and health. The court also considers the marital lifestyle and each party’s economic and non-economic contributions to the marriage.
How can I modify an existing alimony order?
In Massachusetts, courts may modify many alimony orders when a material change in circumstances occurs. This may include a significant change in either party’s income, employment, or financial needs. Whether modification is available, however, depends on the type of alimony and the terms and date of the original judgment. It also depends on whether the alimony agreement merged into the judgment or survived as an independent contract.
About the Author: Damian Turco is the Founder and Managing Partner of Turco Legal and has practiced divorce and family law since 2008.
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This article is for informational purposes only and should not be interpreted as legal advice. Articles on our blog are written at a historical point in time and the information presented accurately reflects the law at the time of the article’s writing. If you’d like to better understand how the law applies to your case, schedule an attorney consultation by calling any of our offices or by clicking the Schedule a Consultation link on this page.