Alimony, also known as spousal support, is financial support that one spouse may be required to pay to the other during or after a divorce. It is intended to help address an economic imbalance between spouses when one has a financial need and the other has the ability to pay.

Alimony is not automatically awarded in every Massachusetts divorce. Whether it is appropriate, how much should be paid, and how long it should last depend on the circumstances of the marriage and each spouse’s financial situation.

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How Does Alimony Work in Massachusetts?

Massachusetts recognizes different forms of alimony, including general term, rehabilitative, reimbursement, and transitional alimony. The appropriate type depends on the circumstances of the case.

When deciding whether to award alimony, Massachusetts courts can consider factors such as:

• The length of the marriage
• The age and health of each spouse
• Each spouse’s income, employment, and employability
• The economic and non-economic contributions each spouse made during the marriage
• The marital lifestyle
• Each spouse’s ability to maintain that lifestyle
• Economic opportunities a spouse may have lost because of the marriage
• Other factors the court considers relevant

The amount of alimony is also determined based on the circumstances of the case. With some exceptions, Massachusetts law generally provides that alimony should not exceed the recipient’s need or 30% to 35% of the difference between the spouses’ gross incomes.

What Qualifies a Spouse for Alimony?

There is no single requirement that automatically qualifies someone for alimony. Earning less than your spouse does not necessarily mean that you will receive support.

Generally, the court looks at whether one spouse has a financial need and whether the other spouse has the ability to pay. The factors listed above can then help the court determine whether an award is appropriate.

Similarly, there is no single answer to what disqualifies you from alimony. A spouse may not receive alimony if the circumstances do not support an award. The court may determine, for example, that there is not sufficient financial need or ability to pay.

The type of alimony being requested and the circumstances of the marriage can also affect eligibility.

How Long Does Alimony Last?

How long alimony lasts in Massachusetts depends in part on the type of alimony awarded and the length of the marriage.

For general term alimony, Massachusetts generally establishes the following maximum durations:

• Marriage of 5 years or less: Up to 50% of the number of months married
• More than 5 years but 10 years or less: Up to 60% of the number of months married
• More than 10 years but 15 years or less: Up to 70% of the number of months married
• More than 15 years but 20 years or less: Up to 80% of the number of months married
• More than 20 years: Alimony may continue for an indefinite period

These are general limits rather than a guarantee that alimony will last for the maximum period.

General term alimony can also end under certain circumstances. For example, it generally terminates if the recipient remarries or either party dies. Cohabitation by the recipient can also lead to alimony being suspended, reduced, or terminated when the requirements under Massachusetts law are met.

Is Alimony Taxable?

For most newer divorce agreements, alimony is no longer treated as taxable income for the recipient for federal income tax purposes.

For divorce or separation agreements executed after December 31, 2018, the spouse paying alimony generally cannot deduct those payments from federal taxable income. The spouse receiving alimony generally does not include the payments as federal taxable income.

Different rules may apply to agreements executed before 2019. The tax treatment of an older agreement can also depend on whether and how it was later modified.

Because tax laws and individual circumstances can vary, you should speak with a qualified tax professional about the tax consequences of your specific alimony arrangement.

Understanding Your Alimony Rights in Massachusetts

Alimony can be one of the more complicated issues in a Massachusetts divorce because there is no single formula that determines the outcome of every case. The court may consider the length of your marriage, each spouse’s financial circumstances, earning capacity, contributions to the marriage, and other relevant factors.

Whether you are seeking alimony or may be required to pay it, understanding how Massachusetts law applies to your circumstances can help you prepare for the divorce process.

At Konstantilakis Law, we help clients understand their rights and obligations involving alimony, property division, child support, and other financial issues that arise during divorce.

Contact our office for a consultation to discuss your situation with an experienced Massachusetts family law attorney.