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. 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. 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 could be ordered for more than 50% of the duration of the marriage.
- For marriages lasting less than ten years, maintenance could be ordered for more than 60% of the duration of the marriage.
- For marriages lasting less than fifteen years, maintenance could be ordered for more than 70% of the duration of the marriage.
- For marriages lasting less than twenty years, maintenance could be required for more than 80% of the duration of the marriage.
- For marriages lasting longer than twenty years, the court will determine a just obligation at the judge’s discretion.
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. 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
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. There are various reasons why alimony would stop, including:
- 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
If there is a significant change in circumstances, you may file a Complaint for Modification. Ultimately, it’s up to the judge’s discretion to determine whether issuing a modification is appropriate.
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.
