Alimony, also called spousal support, is a hotly contested divorce matter. In some marriages, a significant financial imbalance between spouses causes an unfair disadvantage during a divorce. To minimize this financial discrepancy, the court may order the higher-earning spouse to provide the dependent spouse with spousal maintenance. If a divorce is imminent and you’re concerned about your spousal support determination, it’s in your best interest to enlist the help of our adept Bristol County alimony lawyers, who can help you fight for a fair agreement. Massachusetts courts calculate alimony by examining a number of factors, like the length of the marriage, the income of each party, and the financial needs and abilities of both spouses, in addition to other considerations, like earning capacity and distribution of assets. Please continue reading to learn how the courts calculate alimony in Massachusetts.
How Do Massachusetts Courts Determine Alimony?
Firstly, alimony is the financial assistance one spouse provides to the other during or following a divorce. If alimony cannot be agreed upon outside of court, the court will determine a fair support obligation.
Massachusetts law provides guidelines that assist judges in determining the duration and amount of alimony, though there are additional factors that judges assigned to these matters can consider. These guidelines are primarily established under the Massachusetts Alimony Reform Act and Chapter 208 of the Massachusetts General Laws, which determines how the courts evaluate spousal support in Massachusetts divorce cases.
Typical Alimony Duration Based on Length of Marriage
The formula used to determine spousal maintenance is based on the duration of the marriage. Typically, the longer the marriage, the more outstanding the award:
- For marriages lasting less than five years, maintenance may last for up to 50% of the duration of the marriage.
- For marriages lasting less than ten years, maintenance may last for up to 60% of the duration of the marriage
- For marriages lasting less than fifteen years, maintenance may last for up to 70% of the duration of the marriage
- For marriages lasting less than twenty years, maintenance may last for up to 80% of the duration of the marriage
- For marriages lasting longer than twenty years, alimony may be indefinite, depending on the court’s determination
While these duration limits can help provide more predictability for divorcing couples, as mentioned, the judge assigned to the case will reserve the right to issue an award at their discretion.
Key Factors Courts Consider When Awarding Alimony
It’s crucial to note that the Massachusetts alimony statute requires courts to consider several factors alongside the above formula. The primary factors that the court must consider are the actual need for alimony and the ability of a party to pay.
Statutory Factors That Influence Alimony Decisions
The following include, but are not limited to, the factors that can impact a judge’s alimony decision:
- The age and health of each party
- The duration of the marriage
- The earning capacity of each party
- The standard of living established during the marriage
- The parental responsibilities of each party
- Each party’s contributions to the marriage
- The equitable distribution of property
- The tax consequences
- Any history of domestic violence
- Any other factors which the court may deem relevant
How Is the Amount of Alimony Calculated in Massachusetts?
In addition to determining how long alimony payments will last, the courts in Southeastern Massachusetts, including those in Bristol, Norfolk, and Plymouth Counties, must also determine how much financial support must be awarded. In most instances, alimony is based on the difference in income between the spouses, which is generally referred to as the “disparity of income.”
As such, the judge assigned to the case will examine the income of each party, the financial needs of both the paying and the receiving party, as well as the ability to maintain a similar standard of living established during the marriage.
How Alimony Amounts Are Estimated
- Massachusetts courts typically calculate alimony based on income disparity between the spouses
- Courts will consider the payer’s ability to pay and the recipient’s financial needs
- Judges can consider the standard of living of both parties
- Alimony payments are not intended to exceed the needs of the recipient spouse
- Ultimately, judges retain full discretion to award alimony based on the facts of the case
When Does This Obligation End?
Whether you’re ordered to provide this type of financial support or entitled to receive it, you may wonder when this obligation ends. Under Massachusetts law, there are several circumstances that warrant the termination of alimony payments.
Common Reasons Alimony Payments Stop
- The death of either party
- An agreed-upon date
- A date determined by the court
- Remarriage or cohabitation of the dependent spouse
- The paying party reaches “full retirement age” (unless decided otherwise by the court)
Can Alimony Be Modified After a Divorce?
In some instances, alimony may be modified after a divorce if the circumstances of either party change significantly. However, whether or not modification is possible depends on the type of alimony agreement and the language included in the divorce judgment.
Situations That Could Justify Modifying Alimony
A spouse may file a Complaint for Modification if there is a substantial change in circumstances that warrants updating the plan, such as:
- Job loss
- A substantial increase or decrease in income
- The recipient spouse becomes financially independent
- The recipient spouse remarries or begins cohabitating with another person
- The paying spouse retires
- The financial needs or living arrangements of either party change
However, modification may not always be possible. In some instances:
- A surviving alimony clause may prevent changes
- Certain agreements may include non-modifiable provisions negotiated by both spouses
- Older agreements may be considered “grandfathered” under prior iterations of the law
Contact an Experienced Massachusetts Divorce Attorney
With so much at stake, contacting a determined Bristol County alimony lawyer is in your best interest. At The Law Offices of Cynthia L. Hanley, P.C., we are prepared to fight for the best possible outcome. Contact us today to learn how we can represent you.
