Massachusetts Alimony Support Calculator

What you need to know about Alimony support in MA

Understanding Alimony Law in Massachusetts

In Massachusetts, alimony refers to the financial support that one spouse may be required to pay to the other during or after a divorce. This support is designed to help maintain a similar standard of living to what they had during the marriage.

There are four types of alimony in Massachusetts:

• General term alimony;
• Rehabilitative alimony;
• Transitional term alimony; and
• Reimbursement alimony.

General term alimony

The most common form of alimony is general term alimony. This type of alimony is meant for long-term support. When deciding whether to award general term alimony or how much alimony to award, judges look at multiple relevant factors. The following is a list of factors with descriptions as needed that judges can use to determine alimony calculations:

Marriage Duration:

Massachusetts does not set a specific limit or requirement on the length of marriage before a spouse can receive alimony, the law does limit the duration of alimony and those limits are based on the length of the marriage. Shorter marriages result in shorter alimony periods, while longer marriages can lead to longer alimony periods or an indefinite alimony period.

Alimony should not be awarded for longer than:

• 50% of the length of the marriage if a couple was married five years or less;
• 60% of the length of the marriage if a couple was married for 5-10 years;
• 70% of the length of the marriage if a couple was married 10-15 years;
• 80% of the length of the marriage if a couple was married 15-20 years; or

If a long-term marriage lasted longer than twenty years, the law specifically gives the judge’s discretion to order alimony for an indefinite time, which could lead to permanent alimony payments.

The alimony payer can voluntarily agree to pay alimony for a longer period of time than the law requires.

• How old the parties are;
• The parties’ health; (Factors such as chronic illness)
• Both parties’ annual income;

This includes employment and employability, including whether they could be employable with reasonable effort (employment opportunity) and additional training if necessary, unearned income;

• Both parties’ economic and non-economic contribution to the marriage;
• The parties’ way of life during the marriage and their financial circumstances;

This generally refers to the standard of living established and maintained during the marriage and each spouse’s ability to be able to maintain that lifestyle and standard of living after the divorce.

• Each person’s ability to continue the way of life they had during the marriage;
• Lost economic opportunity because of the marriage;

This generally refers to if one spouse gave up career opportunities due to the marriage. The amount of alimony should generally not exceed the recipient’s need or 30 to 35% of the difference in income between the parties’ gross incomes established at the time of the order being issued.

Rehabilitative Alimony

Rehabilitative alimony is an alimony obligation designed to support a spouse while they receive more education or training that would generally help them become financially independent. This type of alimony decision is temporary and will terminate upon the spouse becoming financially independent and acquiring independent financial resources.

Transitional Term Alimony

Transitional alimony, or temporary alimony, is only ordered for marriages that have lasted less than five years. It is designed to support an ex-spouse while they settle into a new location or a new lifestyle. It can come in the form of one lump sum payment or periodic payments of spousal maintenance.

Reimbursement Alimony

Reimbursement alimony is ordered when one spouse was supporting the other during the marriage by financial contributions which helped them during their career. Such as paying for their training or schooling. This alimony type does not depend on who is the higher-earning spouse. The court can require the spouse who benefited to pay back the contributions they received from the other spouse. This type of alimony and is generally only available for marriages that lasted less than five years.

Obligation to Pay

The obligation to pay alimony ends when one of the following occur:

• The death of either party;
• The recipient spouse remarries;
• The recipient spouse is cohabitation with another partner;
• Agreement of the parties in their separation agreement;
• A date determined by the court; or
• The paying spouse reaches full retirement age (unless decided otherwise by the court).

Post-Tax Income Calculations and Tax Considerations

Alimony payments and separate maintenance payments are not deductible by the payer, they are the taxable income of the payer, and such payments are no longer included in the Massachusetts gross income of the recipient. These tax implications should be carefully considered and its best to consult a financial expert or accountant.

Retaining a Qualified Family Law Attorney

Your personal circumstances are best analyzed by an experienced attorney to help you better understand how to apply the law to your divorce. An estimation of spousal support can help you prepare for mediation and negotiations. Whether you are the dependent spouse or the alimony payor, a potential alimony award can be a significant sum of money and can effect your financial future. This calculator tool is for estimation only and we recommend speaking with an alimony lawyer to get a comprehensive assessment to understand alimony and the divorce process. Your individual circumstances cand significantly effect alimony agreements. The attorneys at Weberg law can provide you with a strategy session that highlights the variables relevant to your matter, whether its understanding your maximum exposure as the payor or the demystifying the complexities of family, we are here to help.