Massachusetts Alimony

By Law Offices of Sharyn T. Sooho Published:  July 17, 2004

1) What is alimony?
Court-ordered spousal support.

2) How is the amount calculated?
Judges look at the same factors as when dividing property, such as length of the marriage, current income, needs of the parties, etc.

3) Where can I find these factors?
Look at Mass. General Laws, Chapter 208, Sec. 34 found within this site.

4) Are there any guidelines like judges use in child support cases?
No.

5) Can alimony be paid in addition to child support?
Usually not in Massachusetts. In most middle income families, there isn’t enough money for alimony after payment of child support.

6) Then how come I’ve heard about child support and alimony both being paid?
Sometimes, if the non-custodial parent is a “high earner” and the custodial parent earns little or no money, part of child support is allocated as alimony.

7) Why?
To maximize family resources by reducing the federal income tax burden. Alimony is deductible (at a high rate in the case of a “high earner”) and includible in the taxable income of the custodial parent (the low earner).

How does this provide more money for the custodial parent?
The non-custodial parent can afford to pay more and still save money on taxes.

9) I have heard cases of “lifetime” alimony. Under what circumstances would this be awarded?
It is often awarded in cases of a “long-term” marriage.

10) What is “long-term”?
In Massachusetts, this means 20 years or more.

11) What about men? Can they seek alimony?
Yes, the statute is gender neutral.

12) My original divorce judge did not provide for alimony. Now I really need it. What can I do?
You can file a complaint for modification under certain circumstances.

13) My “ex” threatens to file for bankruptcy. What happens to my payments?
Your “ex” still owes alimony, which is not a dischargeable obligation in the bankruptcy court.

14) What if my “ex” is delinquent in alimony payments. What do I do?
File a complaint for contempt of court and ask for a wage assignment.

15) That sounds complicated, and I can’t afford a lawyer. Will the state agency collect my back alimony?
Not in Massachusetts, so file your complaint for contempt. If you have a lawyer, the court can award attorney’s fees.