How Alimony Works: Who Pays, How Much, and for How Long
At Carbone Law Firm, with over twenty-four years of experience serving clients across Massachusetts, we know that few aspects of divorce cause as much confusion — or concern — as alimony. Spousal support can significantly impact both parties' financial futures, yet the rules around who pays, how much, and for how long are often misunderstood. Here’s what you need to know about how alimony is determined, especially here in Massachusetts.
What Is Alimony?
Alimony — sometimes referred to as spousal support or spousal maintenance — is financial support paid by one former spouse to another after divorce. Its purpose is to help the lower-earning spouse maintain a standard of living reasonably comparable to that enjoyed during the marriage. Alimony is very common in divorce matters wherein one party earns significantly more than the other.
Alimony may be appropriate when:
There is a significant disparity in income between spouses
One spouse sacrificed career advancement or education to support the household
A long-term marriage creates ongoing financial dependence
Unlike child support, which is strictly for the benefit of children, alimony is focused solely on the financial needs of the former spouse. The most important way this manifests in a divorce case is that while in child support, few expenses are taken into consideration for child support, for alimony the court has discretion to take into consideration the parties’ individual expenses. For example, if a person seeking alimony has large expenses, a court can take those expenses and weigh them against that party. The argument would be that the payee can live off less money if they cut out certain expenses. There is nothing like this in the child support guidelines.
Who Pays Alimony?
Typically, the higher-earning spouse is responsible for paying alimony. Massachusetts courts examine a wide range of factors when deciding whether to award spousal support, including:
The length of the marriage.
The age and health of each party.
The income, employment history, and employability of both parties.
The lifestyle enjoyed during the marriage.
Contributions (both financial and non-financial) made by each spouse.
The ability to earn future income.
Importantly, gender plays no role in alimony decisions. Either spouse can be ordered to pay, depending solely on financial circumstances. At Carbone Law Firm, we work closely with our clients to ensure that all relevant facts are clearly presented to the court, maximizing the likelihood of a fair outcome.
How Much Is Alimony?
Alimony is defined under Massachusetts General Laws (MGL) chapter 208, §§ 48-55. Massachusetts uses specific guidelines outlined in the Alimony Reform Act of 2011 to determine the amount and duration of spousal support. Generally:
The amount of alimony should not exceed 25 to 30% of the difference between the parties’ gross incomes. In many circumstances, it can be lower than 25%.
There are caps on how much income can be considered, especially when child support is also involved.
Judges retain discretion to adjust awards based on the facts of each case.
Negotiated settlements are common and often preferable to lengthy court battles. With our firm's seasoned negotiation skills, many of our clients achieve fair and efficient resolutions outside of court.
How Long Does Alimony Last?
Massachusetts law closely ties the duration of alimony to the length of the marriage:
Marriages under five years: Alimony may last up to 50% of the number of months of the marriage. For example, if you were married for three years, or thirty-six months, the maximum you would have to pay alimony would be eighteen months, or 50% of 36.
Marriages between five and ten years: Up to 60%.
Marriages between ten and fifteen years: Up to 70%.
Marriages between fifteen and twenty years: Up to 80%.
Marriages over twenty years: Until the payor reaches the age of retirement as defined by the Social Security Law. Typically this is age sixty-seven. It should be noted that “age of retirement” does not mean “retired.” If Hank is paying Ingrid alimony while working as a sales executive, he can stop doing so when he turns sixty-seven even if he continues to work. Conversely, if Hank was planning on retiring at age sixty-three, he may do so but a court is likely going to order his alimony to continue because he will not reach the “age of retirement” until he turns sixty-seven.
Alimony typically terminates upon:
The remarriage of the recipient.
The death of either party.
The recipient cohabitates with another party for a period of at least three consecutive months (as defined by the statute).
The payor reaching full retirement age (unless the court finds good cause to extend it)
In some cases, alimony can be modified or terminated if there is a material change in circumstances — another area where Carbone Law Firm provides strategic guidance and advocacy.
Special Considerations in Massachusetts
Massachusetts recognizes several types of alimony:
General Term Alimony: Ongoing support based on need and ability to pay. The vast majority of cases that have alimony have alimony set as “General Term Alimony.”
Rehabilitative Alimony: For spouses expected to become self-sufficient within a specific timeframe, often linked to education or job training.
Transitional Alimony: To help a spouse transition to a new lifestyle or location after a divorce, particularly in shorter marriages (less than 5 years).
Reimbursement Alimony: To compensate a spouse for financial contributions to the other spouse's education or career advancement.
Each type serves different purposes, and the right strategy can make a significant difference in both negotiations and litigation.
Frequently Asked Questions About Alimony
Q: Can alimony be modified after it is ordered? Or denied?
A: Yes. In Massachusetts, alimony orders can be modified if there has been a material change in circumstances, such as a significant change in income, health, or living situation. This also extends to cases where alimony was not initially ordered or even denied. The main factor considered is whether there has been a change of circumstances since the divorce.
Q: I am currently paying alimony to my ex-spouse. What happens if they remarry? Or what happens if she my ex-spouse just lives with their significant other?
A: In most cases, alimony ends automatically if the recipient spouse remarries. Further, if they cohabit with a new partner in a relationship akin to marriage, you may petition the court for a modification. However, it should be noted that if the payor remarries, it has no impact on their alimony payments.
Q: Is alimony taxable?
A: For divorces finalized after December 31, 2018, under federal law, alimony payments are no longer tax-deductible for the payer, nor considered taxable income for the recipient. Massachusetts state tax treatment may differ, so it's important to review your specific situation with counsel.
Q: How is alimony different from child support?
A: Alimony is intended to support a former spouse, while child support is intended to provide for the needs of children. In Massachusetts, when both are awarded, they must be coordinated to ensure that neither party is unfairly burdened. There are several important- and relatively recent - cases that instruct courts on how to handle alimony payments balanced with child support payments.
Q: How can I protect myself when negotiating alimony?
A: Working with an experienced family law attorney is essential. At Carbone Law Firm, we protect our clients’ interests through careful negotiation, thorough financial analysis, and, if necessary, strong courtroom advocacy.
At Carbone Law Firm, we have helped clients navigate the complexities of alimony and divorce for over twenty-four years. Whether you are seeking alimony, being asked to pay, or facing a modification, we are here to ensure you are protected every step of the way.
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