As a divorce lawyer in Massachusetts, I have seen many clients struggle with the issue of alimony. Alimony, also known as spousal support, is a payment made by one spouse to the other after a divorce. It is intended to help the receiving spouse maintain the same standard of living they had during the marriage. In this article, I will provide an overview of alimony in Massachusetts, including the types of alimony, how it is calculated, and how it can be modified.
In Massachusetts, there are four types of alimony:
General Term Alimony: This is the most common type of alimony. It is paid on a regular basis for a set period of time, based on the length of the marriage. The length of the marriage is defined as the number of months from the date of the marriage to the date of the service of a complaint for divorce, complaint for separate support, or petition for approval of a divorce agreement.
Rehabilitative Alimony: This type of alimony is paid for a set period of time to help the receiving spouse become self-sufficient. It is often used to pay for education or job training.
Reimbursement Alimony: This type of alimony is paid to compensate the receiving spouse for expenses they incurred during the marriage that benefited the paying spouse. For example, if one spouse paid for the other spouse's education, the paying spouse may be required to pay reimbursement alimony.
Transitional Alimony: This type of alimony is paid for a short period of time to help the receiving spouse adjust to the financial consequences of the divorce.
In Massachusetts, the amount of alimony is based on a number of factors, including:
There is no set formula for calculating alimony in Massachusetts. Instead, the court will consider all of these factors and make a determination based on what is fair and reasonable.
Alimony orders in Massachusetts can be modified if there is a material change in circumstances. For example, if the paying spouse loses their job or becomes disabled, they may be able to petition the court to reduce their alimony payments. Similarly, if the receiving spouse gets a higher-paying job, the paying spouse may be able to petition the court to reduce their alimony payments.
Alimony can be a complex and emotional issue in divorce cases. It is important to understand the different types of alimony, how it is calculated, and how it can be modified. If you are going through a divorce and have questions about alimony, it is important to consult with an experienced divorce lawyer who can help you navigate the process.