Alimony
Alimony, or spousal support, is a court-ordered payment from one spouse to the other following a divorce. Its purpose is to help a lower-earning or non-earning spouse maintain financial stability during or after the separation. In Massachusetts, alimony is awarded based on fairness, need, and the specific circumstances of each marriage.
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Robert Carpenter gave me excellent representation in a divorce case, and then a few years later Robert again represented me in a custody case which we won. Robert has years of experience in preparation for trial, in knowledge of law, and in courtroom experience. I wouldn’t want anyone else on my side!
-Dan
Types of Alimony in Massachusetts
Massachusetts law recognizes four types of alimony, each designed to meet different needs:
General Term Alimony
Ongoing support paid to a financially dependent ex-spouse based on the length of the marriage.
Rehabilitative Alimony
Short-term support intended to help the recipient become financially independent, often by pursuing education, training, or employment.
Reimbursement Alimony
Compensation for financial contributions made during the marriage, such as helping a spouse complete school or training.
Transitional Alimony
Temporary payments to help the receiving spouse adjust to a new lifestyle or living situation after the divorce.
What Courts Consider When Awarding Alimony
Massachusetts courts evaluate several factors to determine whether alimony is appropriate, and if so, what type and for how long. These include:
- Length of the marriage
- Each spouse’s income and employment situation
- Age and health of both spouses
- Contributions made during the marriage (financial and non-financial)
- The standard of living during the marriage
- Economic opportunities lost due to the marriage
- Ability of each party to maintain that standard of living after divorce
The court’s goal is to ensure a fair outcome—not to punish or reward either party.
Duration and Amount of Alimony
The length of the marriage directly influences how long alimony may be awarded. For example:
- Marriages under 5 years: Alimony may last up to 50% of the marriage duration.
- 5–10 years: Up to 60%
- 10–15 years: Up to 70%
- 15–20 years: Up to 80%
- 20+ years: The court may award indefinite alimony.
As for the amount, it’s generally limited to no more than 30–35% of the difference between the spouses’ gross incomes, unless exceptional circumstances apply.
Frequently Asked Questions
No. Alimony is financial support for a former spouse, while child support is specifically intended for the care and needs of a child.
No. It depends on each party’s financial situation and whether one spouse is economically dependent on the other. Alimony is not guaranteed and must be requested.
Yes. If there’s a significant change in circumstances—like job loss, retirement, or remarriage—either party can request a modification through the court.
Yes, alimony waivers can be included in prenuptial or postnuptial agreements, but they must be fair and legally enforceable at the time of enforcement.
You can ask the court to enforce the order. The judge may issue a contempt ruling and impose consequences such as fines, wage garnishment, or even jail time for repeated violations.
Concerned About Alimony?
Alimony is support given to one party in a divorce. It may be temporary or long term, as defined buy a Court order, or now modified, according to the Alimony and Reform Act of 2012. Like Child Support, Alimony is formula based for those who qualify. Attorney Carpenter can use experts, such as forensic accountants, to determine an individual’s income stream and ability to pay alimony, or to reduce/modify alimony payments if you suffer a job loss or retire. Attorney Carpenter has obtained favorable alimony awards and reductions for clients.
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