Massachusetts Alimony and Spousal Support Laws

By Susan Buckner, J.D. | Legally reviewed by Susan Buckner, J.D. | Last reviewed June 19, 2024

Alimony or spousal support are payments made to one spouse by another in a divorce case. Alimony allows a lower-income spouse to maintain the marital lifestyle following a divorce. In Massachusetts, payment of alimony is not automatic. Alimony is modified or terminated when the recipient spouse remarries or becomes self-sufficient. In most cases, alimony only lasts for a certain period of time, depending on the length of the marriage.

Massachusetts Alimony Laws

Massachusetts bases alimony on the parties' gross incomes after any child support orders. In general, alimony cannot exceed 30-35% of the difference between the parties' income at the time of the order (Mass. General Laws Ch. 208, § 53).

Massachusetts courts can award four types of alimony:

General term alimony is support paid to the lower-earning spouse who is financially dependent on the higher-earning spouse. General term alimony is awarded for any reason or duration.
Rehabilitative alimony is support awarded when a spouse will be financially independent in a specific length of time. A rehabilitative alimony award only lasts for five years unless there are "compelling circumstances" to extend it.
Transitional alimony helps an ex-spouse transition out of married life. This alimony order is only granted for marriages of less than five years, and payments cannot last more than three years.
Reimbursement alimony pays one spouse back for time or money spent improving the other spouse's finances or career. It’s only available for marriages lasting less than five years.

Duration of Alimony Payments

Rehabilitative alimony lasts five years, regardless of the duration of the marriage. Transitional alimony is only granted in marriages of less than five years, and payments last three years.

General term alimony payments depend on the length of the marriage:

Five years or less: Alimony is no more than half the length of the marriage.
More than five years, less than 10 years: Alimony is no more than 60% of the length of the marriage.
More than 10 years, less than 15 years: Alimony is no more than 70% of the length of the marriage.
More than 15 years, less than 20 years: Alimony is no more than 80% of the length of the marriage.
More than 20 years: Alimony can be for the spouse's lifetime.

Need and Amount of Alimony

Massachusetts judges use an alimony calculator to set the amount and length of alimony payments. Judges can consider:

The length of the marriage
The age and health of the spouses
The current income of both spouses
Their current employment and employability
The amount of job training needed for the lower-income spouse to become self-sufficient
The marital standard of living during the marriage

Massachusetts law takes other factors, such as lost economic opportunity during marriage, child custody, and the need for relocation, when making support orders.

Termination and Modification

The remarriage or cohabitation of the recipient
The death of either spouse (the court may require the payor spouse to provide life insurance to ensure payment of alimony during the alimony term)
Either party may request a modification of the amount or duration of alimony by showing a material change of circumstances

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.