Alimony

Alimony, also known as spousal support, is the financial support one spouse may be ordered to pay to the other during or after a divorce. The goal is to provide financial assistance to a lower-earning spouse, especially after long-term marriages.

In 2012, Massachusetts significantly changed its alimony laws through the Alimony Reform Act, bringing more predictability and structure to the process. Here's what clients need to know:

🔸 Alimony Before the Reform Act (Pre-2012)

Prior to the Reform Act, alimony in Massachusetts was largely discretionary. Judges had wide latitude to:

• Award indefinite alimony, even after short marriages
   
• Consider lifestyle during the marriage as a key factor
   
• Modify or terminate alimony only with a significant change in circumstances
   

There were no standard time limits, and many payors were obligated to continue support until retirement — or even beyond — unless they returned to court to seek a modification. This lack of predictability often led to lengthy legal battles and inconsistent outcomes across the state.

🔸 The Alimony Reform Act of 2011 (Effective March 1, 2012)

The Alimony Reform Act brought major changes, including defined categories, duration limits, and greater uniformity across cases.

➤ Types of Alimony Under the Reform Act:

Massachusetts now recognizes four distinct types of alimony:

1. General Term Alimony
   – Paid to a financially dependent ex-spouse based on the length of the marriage
    
2. Rehabilitative Alimony
   – Short-term support to allow the recipient to become self-sufficient (e.g., after retraining or education)
    
3. Reimbursement Alimony
   – For marriages under 5 years; reimburses a spouse for contributions made (like putting the other through school)
    
4. Transitional Alimony
   – Also for marriages under 5 years; helps the recipient adjust to a new lifestyle after divorce
    

➤ Time Limits on General Term Alimony:

The law now limits the duration of alimony based on the length of the marriage:

Length of Marriage 0–5 years = 50% 

Length of the marriage 5–10 years = 60%

Length of the marriage 10–15 years = 70% 

Length of the marriage15–20 years = 80% 

Length of the marriage 20+ years Indefinite alimony possible 

➤ Termination Triggers:

Alimony generally ends if:

• The payor reaches full retirement age
   
• The recipient remarries
   
• Either party dies
   
• The recipient maintains a cohabiting relationship for more than 3 months (with someone they are romantically involved with)
   

However, the court can deviate from these rules in special circumstances, such as serious health issues or significant economic hardship.

🔸 Can Alimony Orders from Before the Reform Be Changed?

In some cases, yes. If your alimony order was entered before March 1, 2012, and does not contain specific language making it "surviving" or "non-modifiable," you may be able to file for a modification or termination under the Reform Act — especially if:

• The duration of support exceeds the new limits
   
• The payor has reached retirement age
   
• The recipient is cohabiting with a new partner
   

However, the rules for modifying pre-2012 alimony orders can be complex. Each case must be evaluated individually.

🔸 How Alimony Is Calculated Today

While not a strict formula, the Massachusetts guidelines suggest alimony payments should generally not exceed 20–25% of the the difference in incomes. If child support is also involved, alimony may be reduced or structured differently to avoid overlap.