A marriage is not only a spiritual and social commitment, but it’s also a financial partnership. Often, there is a significant financial discrepancy between spouses during a divorce. While a dependent spouse may not earn as much as their partner, the court recognizes other marital contributions. That being said, the court may order alimony. This court-ordered payment requires the higher-earning spouse to provide financial support to the lower-earning spouse following a divorce. There are multiple types of alimony that a person can seek. Please continue reading to learn whether Massachusetts courts offer permanent alimony and how our experienced Bristol County Alimony Lawyers can help guide you through these complex matters. 

How Do Massachusetts Judges Decide the Duration of Alimony?

Firstly, it’s essential to understand that alimony is not automatically granted. If a spouse wants alimony, they have to petition the court. A judge will examine various factors to determine whether alimony should be awarded. The primary factors they will consider are the dependent spouse’s need for financial support and the independent spouse’s ability to afford the maintenance. The following include, but are not limited to, some of the factors the court will consider when awarding alimony in Massachusetts: 

  • The duration of the marriage
  • The age and health of each party 
  • The income and earning potential of each party
  • The standard of living the couple established during the marriage 
  • The tax consequences
  • Whether or not one spouse sacrificed their career to support the other
  • Whether or not it would take education or training for the other spouse to secure employment
  • Any other relevant factors 

Moreover, the Massachusetts Alimony Reform Act of 2011 provides specific guidelines for awarding alimony based on the length of the marriage and the unique circumstances of each relationship. As such, Massachusetts alimony can be ordered: 

  • For marriages that lasted five years or less- alimony will continue after the divorce for no longer than half the length of the marriage 
  • For marriages that lasted six to 10 years- alimony will be capped at 60% of the length of the marriage 
  • For marriages that lasted for 10-15 years- alimony will be capped at 70% of the length of the marriage 
  • For marriages that lasted between 15 and 20 years- alimony will be capped at 80% of the length of the marriage
  • For marriages that lasted longer than 20 years, courts may order alimony for an indefinite period 

Ultimately, permanent alimony is not offered, meaning it won’t be paid for the recipient’s lifetime. This Act requires general term alimony to terminate upon the payor attaining full social security retirement age or upon cohabitation. Alimony can be modified or terminated upon certain triggering events. 

At the Law Offices of Cynthia L. Hanley, P.C., we are prepared to advocate for your interests and zealously represent you. If you are facing an issue pertaining to alimony, please don’t hesitate to contact our legal team today to learn more about how we can assist you in achieving the best possible outcome for your case.