Alimony, also called spousal support, is periodic payment or lump sum payment by one spouse to the other after divorce or separation. Alimony is designed to support an economically dependent spouse. Alternatively, Alimony may assist a spouse in becoming economically self-sufficient, to compensate the recipient spouse for economic or noneconomic contribution to the financial resources of the payor spouse, or to help a spouse transition to an adjusted lifestyle or location as a result of the divorce.

Why Is Alimony Awarded?

Alimony is intended to address the economic imbalance that might arise following a divorce between spouses having disparate earnings. In many marriages, one spouse may earn significantly less than their spouse. They may forgo higher education, career opportunities, or personal advancement to raise children, support the family or couple, or the other spouse’s career. Such an arrangement typically causes the spouse who makes less or makes non-monetary contributions, to become economically dependent on the other, having earned less or no income during the marriage. Upon separation or divorce, such a spouse may experience disparities in earning potential and financial self-sufficiency. Alimony is designed to level the economic playing field, helping to ensure that both parties can maintain a reasonably comparable standard of living post-divorce.

Types of Alimony in Massachusetts

In Massachusetts, there are several distinct types of alimony designed to address varying needs and circumstances. These include:

General Term Alimony: The most common type of alimony awarded, intended to provide the recipient spouse with financial support that meets their economic need, as measured by the standard of living enjoyed during the marriage. General Term Alimony specifies regular payments made for a set duration, determined by the length of the marriage. The longer the marriage, the longer the duration. For marriages of 5 or fewer years, the term length is a maximum of 50% of the number of months married. For 5 to 10 years, 60%, for 10 to 15 years, 70%, and for 15 to 20 years, 80%. For marriages of over 20 years, the term is “indefinite,” but presumptively ends when the paying spouse reaches full social security retirement age. Even with that end-point, however, the Probate and Family Court has the discretion to deviate from the guidelines by ordering post-retirement age payment of alimony. The Court may initially order or extend alimony upon a showing of good cause, proven by clear and convincing evidence, that would justify extending the alimony period. To modify a judgment containing an order for alimony, there must be a showing of a material change of circumstance since the issuance of the initial judgment. Good cause may include factors such as the recipient’s infirmity, inability to work, insufficient assets or income from other sources, and the payor’s continued ability to earn or sufficient assets. Such deviation must be explained in the judge’s written findings. However, a payor’s continued ability to work, alone, does not constitute grounds for such deviation.

Rehabilitative Alimony: Awarded to a spouse who is expected to become self-sufficient after a certain period. This type of alimony is temporary and typically ends when the recipient becomes financially independent or after a set timeframe.

Reimbursement Alimony: Compensation for specific contributions made during a marriage of not more than 5 years in duration, for economic or noneconomic contribution to the financial resources of the payor spouse, sometimes in the form of a lump-sum payment. For instance, if one spouse financially supported the other through higher education with the expectation of shared future benefits, they might be entitled to reimbursement alimony upon divorce.

Transitional Alimony: Periodic or one-time payment of support awarded to assist a spouse after a marriage of not more than 5 years in adjusting to a new lifestyle or location as a result of the divorce. Transitional alimony is short-term, lasting only up to 3 years, and is designed to help the recipient manage unexpected changes or needs directly resulting from the divorce process.

Factors Determining Alimony Amount and Duration

Determining the amount, form, and duration of alimony in Massachusetts depends on several factors and circumstances. In general, the amount of alimony awarded should not exceed the recipient’s spouse’s need. The guidelines state that the amount is 30% to 35% of the difference between each spouse’s gross income. However, in 2019, the federal tax burden shifted from the payor to the payee, and Massachusetts also adopted the shift, in 2022. These shifts have caused an equitable reduction to the working percentages typically used to reflect that the tax burden now falls on the payor. In addition, the court must consider several statutory factors to ensure fairness and appropriateness for both parties.

Some of these factors include:

Length of the Marriage: The duration of your marriage directly correlates to the available length of alimony. Under General Term Alimony, a longer marriage results in a longer alimony duration.

Age and Health of Both Parties: The age and overall health of each spouse can impact the amount and length of alimony, especially if one of you has significant medical needs or is nearing retirement.

Employability and Current Employment Status: One’s ability to find work, including employability through reasonable diligence and additional training, if necessary; plays a role in determining a spouse’s need for support or the capacity to provide it.

Future Financial Prospects of Both Parties: The court will look at the earning potential and future financial outlook for both of you, ensuring that alimony decisions account for anticipated changes.

Economic and Non-Economic Contributions to the Marriage: Both financial contributions and non-financial roles, like homemaking, caregiving, or sweat equity, are taken into account to determine the value each of you brings to the marriage.

Marital Lifestyle: the standard of living enjoyed by the parties during the marriage and the ability of each party to maintain the marital lifestyle;

Lost Economic Opportunity as a Result of the Marriage: While Massachusetts is a no-fault divorce state, the court can still consider the effect of egregious misconduct on a recipient’s ability to work or earn, like the effects of domestic violence, when deciding on alimony.

The Needs of Dependent Children: The well-being of children is paramount. If one of you is the primary caregiver or if there are special needs or circumstances, it may influence alimony decisions.

When Can You Modify, Suspend, or Terminate Alimony in Massachusetts?

In Massachusetts, while alimony agreements are established based on circumstances at the time of the divorce, situations can change. The law acknowledges this and provides mechanisms for modifying, suspending, or terminating alimony under specific conditions. One of the most common reasons for modification is a significant change in financial circumstances. For instance, if the paying spouse loses their job or the receiving spouse gets a substantial increase in income, either party can petition the court for a reassessment of the alimony amount. Further, if child support ends because children have reached the age of emancipation, a former spouse may seek alimony under some circumstances.

Suspension or termination of general-term alimony can occur under various scenarios. For example, if the receiving spouse has been cohabiting with a new romantic partner for 90 days, it can lead to the suspension or termination of alimony, given evidence of shared financial responsibilities or interdependence. Similarly, the remarriage of the spouse receiving general-term alimony results in the cessation of alimony payments. As addressed above, the paying spouse’s reaching full social security retirement age presumptively leads to termination.

Alimony may be modified as long as the alimony provision is “merged” in the judgment of the divorce, meaning that the parties have designated it as a reviewable term, or their divorce judgment was issued after trial instead of by agreement. It is important to note that the court may not issue a judgment that prevents a party from seeking, modifying, or terminating alimony in the future. However, if the parties have settled their divorce and as part of the global agreement, have designated the alimony terms as “surviving,” those terms are not reviewable by the court except in extraordinary circumstances. Called “countervailing equities,” such extraordinary circumstances might include a showing that a party committed fraud, resulting in a flawed judgment, that without alimony the recipient spouse would have to go on public assistance, or if the paying party was in contempt of the judgment. Parties must consider the future ramifications of “merger” and “survival” when deciding whether the alimony provisions of their separation agreement should merge or survive.

Negotiating Alimony Terms in Your Divorce

If you are considering or currently going through a divorce or contemplating a modification, and think that you may be in a position to pay or receive alimony, Nussbaum Family Law LLC can help. Through representation or mediation support, we will assist you by providing an analysis of your situation and negotiation-based advocacy. Through mediation, we will assist you and your spouse in identifying issues and options so that you may reach a fair and equitable outcome tailored to your unique circumstances.

Nussbaum Family Law, LLC, located in Sharon, offers experienced alimony and spousal support mediation services to residents in cities and towns such as Canton, Foxborough, Stoughton, and other Norfolk County areas, as well as Easton and Mansfield, among other Bristol County areas.