Massachusetts Alimony Law

Law Office Of Lamb & Lamb, P.C. June 3, 2020

Going through a divorce is never an exciting time. Most often it comes with much heartache or filled with bitterness. One of the hardest topics of a divorce is the issue of alimony and spousal support in Family Law.

Alimony is when a judge orders one spouse to pay another spouse a specific amount of money every month, for a certain amount of time.

The length of the marriage is a significant factor when determining the amount of alimony one can expect to receive. “According to the Massachusetts Alimony Calculator, under the current Massachusetts law if the marriage lasts five years or fewer the max alimony can only equal to 50%, 60% if married ten years or fewer but more than a total of five years, 70% if married fifteen years or fewer but more than a total of ten years, and 80% if twenty years or fewer but more than a total of fifteen years. If the marriage lasts longer than twenty years, it is at the judge’s discretion to determine the length and how much the spouse receives.”

What Happens If A Spouse That Receives Alimony Gets Remarried?

The spouse that is remarrying would have their alimony stopped upon taking a new spouse, unless a judge’s orders differently. The judge can determine to continue alimony under certain conditions that they see fit, within Massachusetts law.

Retirement age is also a termination factor that comes into play and will end alimony. Massachusetts law states that once a person has hit their full retirement age, alimony is then terminated.

“When deciding the amount of alimony, the new alimony law states that spousal support can’t exceed the “need” or 30-35 percent of both parties income combined, during the length of marriage.” It is still unclear whether the law is under the “need” or the “ability to pay” statute.” See Massachusetts state laws for more information or call us to speak with an experienced family law attorney to learn your options.