Alimony

Alimony is support given by one party to the other after the marriage has ended. Parties may agree to alimony, or the Court may Order one party to pay alimony to the other. The Court may award alimony to either of the parties in a divorce matter upon a determination that a party has a demonstrable need for alimony and the other has an ability to pay. An Order of alimony is dependent on several factors. In determining whether alimony should be paid, or in setting the amount of such alimony to an economically dependent spouse, the Court will consider, among other things, the following factors:

· Length of the marriage

· Age of the parties

· Health of the parties

· Incomes of the parties

· Employment and employability/education of the parties

· Economic and non-economic contributions of each party to the marriage

· Lost economic opportunities as a result of the marriage

· Other factors the Court may deem relevant

The length of your marriage will have a significant impact on the type of alimony you may receive and the duration for which you may receive such alimony. The Court will additionally consider the parties’ lifestyle throughout the marriage and after the divorce.

Types of Alimony:

Massachusetts recognizes the following different types of alimony:

· General Term Alimony

· Rehabilitative Alimony

· Reimbursement Alimony

· Transitional Alimony

General Term Alimony

''General term alimony'' is defined as the periodic payment of support to a recipient spouse who is economically dependent. Certain durational limits are placed on general term alimony based on the “length of the marriage”. The length of the marriage is generally based on the number of months from the date of legal marriage to the date of service of a Complaint or Petition for Divorce or Separate Support. In certain circumstances, the Court may increase the “length of the marriage” for purposes of the calculation of durational limits if there is evidence that the parties' economic marital partnership began during their cohabitation period prior to the marriage.

The durational limits for general term alimony are as follows:

Marriages less than 5 years = No more than 50% of the duration of the marriage
Marriages between 5-10 years = No more than 60% of the duration of the marriage
Marriages between 10-15 years = No more than 70% of the duration of the marriage
Marriages between 15-20 years = No more than 80% of the duration of the marriage
Marriages of 20 or more years = A court may order general term alimony to be paid indefinitely

Rehabilitative Alimony

''Rehabilitative alimony'' is the periodic payment of support to a recipient spouse who is expected to become economically self-sufficient by a predicted time, for example, through reemployment or completion of job training. This type of alimony may be appropriate in cases where one spouse is presently economically dependent but has a predetermined date that he or she expects to be financially self-sufficient and no longer in need of support.

Reimbursement Alimony

''Reimbursement alimony'' is the periodic or one-time payment of support to a recipient spouse after a marriage of not more than 5 years to compensate the recipient spouse for economic or noneconomic contribution to the financial resources of the payor spouse, such as enabling the payor spouse to complete an education or job training.

Transitional Alimony

''Transitional alimony'' is defined as the periodic or one-time payment of support to a recipient spouse after a marriage of not more than 5 years to transition the recipient spouse to an adjusted lifestyle or location as a result of the divorce.

Determining whether you may be able to obtain alimony or be ordered to pay alimony, and if so, the types of alimony you may receive or be ordered to pay, can be complex. We can help you navigate the intricacies of alimony in Massachusetts.

Call Bergeron | Burgess today at (508) 492-1618.