Massachusetts Alimony and Spousal Support Laws

Created by FindLaw's team of legal writers and editors | Last reviewed December 19, 2018

Alimony or spousal support is a series of payments that one spouse pays to their former spouse after they've divorced. Spousal support isn't always awarded to a spouse; it depends on the financial circumstances of the parties. The intent is for the spouse with a higher income to help financially support the spouse with lesser income and lesser income opportunities when that spouse has been financially supported by the spouse during the marriage.

Types of Massachusetts Alimony

Massachusetts recognizes four types of alimony:

General Alimony: Support paid to ex-spouse that's financially dependent on the former spouse.
Rehabilitative Alimony: Support paid to ex-spouse that is expected to support themselves within a certain amount of time.
Reimbursement Alimony: Support to compensate a spouse who sacrificed career advancement to help their spouse train for professional career.
Transitional Alimony: Support to help an ex-spouse establish themselves in a new location or lifestyle after divorce.

Summary of Massachusetts Alimony and Spousal Support Laws

Reading and comprehending Massachusetts' statues can be very difficult. You can save time, but still get a handle on the law by reading a plain English form of the content. See the chart below for a simple summary of the laws that govern Massachusetts spousal support.

Statutes

Massachusetts General Laws, Part II, Chapter 208:

Factors to Determine the Form of Alimony

The court considers the following factors to determine the appropriate form of alimony and to set the amount and duration of support:

The length of the marriage;
The health of the spouses;
The income of the spouses;
The spouses' employment and employment potential;
The couple's standard of living and lifestyle; established during the marriage;
Each spouse's economic contribution to the marriage;
Any loss of economic opportunities that either party had due to the marriage; and
Any other factor that the court thinks is relevant.

Termination and Modification

Termination of Alimony

Alimony terminates upon the following:

The remarriage of the recipient;
The cohabitation of the recipient; or
The death of either spouse; however, the court may require the payor spouse to provide life insurance (or another form of reasonable security) for payment of sums due to the recipient in the event of the payor's death during the alimony term.

Modification of Alimony

If there's a material change of circumstances, there may be a modification in duration or amount.
Modification may be permanent, indefinite, or for a finite duration.

Duration of Alimony

For general alimony, if the marriage is:

5 years or less: Alimony is no more than half the length of the marriage.
More than 5 years, less than 10 years: Alimony is no more than 60 percent of the length of the marriage.
More than 10 years, less than 15 years: Alimony is no more than 70 percent of the length of the marriage.
More than 15 years, less than 20 years: Alimony is no more than 80 percent of the length of the marriage.
More than 20 years: Alimony can be lifetime.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.