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Searchable Massachusetts Alimony FAQs 2

Your one stop source for Massachusetts Family Law - Alimony FAQs 2

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  • Question #1: Can alimony or spousal support be awarded in Massachusetts over and above the child support worksheet or calculator?
    Question #1: If your family income is $250,000 or less, the courts in Massachusetts will generally not award alimony in addition to child support. However, there are situations where the judge can use their discretion to award alimony depending on the specifics of the case to those making under or above $250K regardless of length of marriage. The courts will consider child support in whole or in part as alimony provided the after-tax support received by the custodial parent is not diminished.
  • Question #2: Is alimony or spousal support awarded in mid or medium term marriages in Massachusetts?
    Answer #2: The courts will consider a number of factors including length of the marriage, age and health of the parties, income, martial lifestyle, and other factors as the court considers relevant and material in determining the type of alimony if any to award in medium term marriages
  • Question #3: Is alimony or spousal support awarded in short term marriages in Massachusetts?
    Answer #3: Courts will generally not award alimony in short term marriages but may consider awarding rehabilitative or short duration alimony to give homemakers, non employed, or low earning spouses the opportunity to finish school,or to retrain, or provide time to reenter the workforce. As part of a divorce settlement, the Courts will consider child support in whole or in part as alimony provided the after-tax support received by the custodial parent is not diminished. It's important to remember that the Court has discretion about whether or not to award alimony based on the specifics of your case regardless of the duration of the marriage.
    The courts will consider a number of factors including length of the marriage, age and health of the parties, income, martial lifestyle, and other factors as the court considers relevant and material in determining the type of alimony if any to award in short term marriages. The court could provide short duration general term alimony, rehabilitative, transition, or reimbursement alimony.
  • Question #4: Is alimony or spousal support awarded in long term marriages in Massachusetts?
    Answer #4: The Courts will generally award general term alimony in long term marriages where one spouse earns significantly more than the other. If the combined income of both parents falls below the Massachusetts Child Support guideline of $250,000/yr (back in 2009), the courts may forego alimony in favor of child support as there may not be enough income to pay for both. When the children are emancipated and the child support burden is removed, the custodial parent may file for a modification of the divorce judgement to have the alimony initiated.
  • Question #5: Does Massachusetts have guidelines for alimony or spousal support?
    Answer #5: The Alimony Reform Act of 2011 sets specific guidelines on the levels and duration of alimony awards.
  • Question #6: Can I get alimony or spousal support in Massachusetts if I was never legally married but I have children?
    Answer #6: No. There are currently no laws that allow for an unmarried custodial parent to obtain alimony or spousal support upon the breakup of the family or relationship. However, you can get child support from the non custodial parent.
  • Question #7: How long will a Massachusetts spousal support or alimony award last in a long term marriage?
    Answer #7: For general term alimony, the duration will generally depend on the length of the marriage. If the marriage is less than 20 years but greater than 15 years, general term alimony duration shall not be greater than 80% of the number of months of the marriage. If the length of marriage is greater than 20 years, the court has discretion to make an alimony award for an indefinite length of time.
  • Question #8: If my former spouse, ex-husband, or wife is delinquent in making alimony spousal support payments, what course of action can I take in Massachusetts to get him or her to pay?
    Answer #8: You can file for complaint for contempt against your former spouse (ex-spouse) for his/her failure to pay alimony.
  • Question #9: Is there a alimony formula, alimony calculator, or alimony worksheet to help determine your Massachusetts spousal support award.
    Answer #9: The Alimony Reform Act of 2011 sets specific guidelines on the levels and duration of alimony awards in Massachusetts.
  • Question #10: Does Massachusetts spousal support or alimony terminate, stop or end at retirement?
    Answer #10: Once the payor attains full retirement age, general term alimony shall terminate unless the court sets a different alimony termination date for good cause and the court must enter written findings supporting the reasons for the deviation. The written findings must be supported by clear and convincing evidence.