Divorce and alimony are rarely straightforward issues, and when one spouse is on disability, the questions around financial support can feel even more confusing. If you’re wondering whether you can get alimony in Massachusetts if your ex-spouse is on disability, you’re not alone.
At Reade Law Firm, PC, we know that every situation is unique, and we’re here to provide clarity and guidance. Let’s explore how alimony works when disability is involved and what factors the courts will consider.
What is Alimony in Massachusetts?
In Massachusetts, alimony is financial support paid by one ex-spouse to the other after divorce. Its primary purpose is to help the spouse with less financial independence maintain stability. There are different types of alimony, including:
- General Term Alimony: Designed for a spouse who is financially dependent on the other.
- Rehabilitative Alimony: Intended to help the recipient become self-sufficient within a set period.
- Reimbursement Alimony: Used to compensate a spouse for contributions made during the marriage (e.g., paying for the other’s education).
- Transitional Alimony: Meant for a spouse who was in a shorter-term marriage to help adjust to post-divorce life.
Each type of alimony serves a specific purpose, and the courts determine which one applies based on the couple’s circumstances.
Disability Income and Alimony in Massachusetts
A common question is whether someone on disability can still be required to pay alimony. The short answer is yes because disability payments are considered income. However, the situation isn’t always that simple.
When deciding on alimony, the court takes into account:
- The severity and type of disability.
- How the disability affects the spouse’s ability to work.
- Both spouses’ overall financial situations.
Disability doesn’t automatically exempt someone from paying alimony, but it can influence the amount and terms.
Factors Affecting Alimony Awards in Massachusetts
Several factors shape the court’s decision on alimony. Here’s a closer look at the key considerations:
Length of the Marriage
Longer marriages often result in higher or longer-term alimony awards. If your marriage lasted at least 10 years, you may also qualify for spousal benefits through Social Security based on your husband’s earnings.
Income and Earning Capacity
The court examines both parties’ income and potential to earn. If your husband’s disability limits his earning capacity, this will be weighed against your financial needs.
Nature and Extent of the Disability
Disabilities that significantly reduce a person’s ability to work can impact the alimony amount. The court might also consider the costs associated with managing the disability.
Ability to Be Self-Sufficient
Your ability to support yourself is a critical factor. If you can’t maintain a reasonable standard of living on your own, alimony may be granted or extended.
Additional Disability Expenses
Medical and caregiving expenses related to the disability can influence the court’s decision. These costs are typically factored into the financial needs of both parties.
Standard of Living During the Marriage
The court tries to maintain a comparable standard of living for both spouses, within reason.
Modifying Existing Alimony Orders
If your husband became disabled after your divorce, you might wonder if this could change an existing alimony order. The answer is yes—alimony orders can be modified when there’s a material change in circumstances. In this case, the onset of a disability would likely qualify.
To request a modification, you would need to file a petition with the court and provide evidence of the change in circumstances.
Special Considerations for Alimony and Disability
If you meet certain criteria, you might qualify for additional financial benefits beyond alimony:
- If you’re at least 62 years old and your marriage lasted at least 10 years, you could be eligible for Social Security benefits based on your ex-spouse’s earnings, even if he remarries.
- If you face severe disability, the court may award you alimony that exceeds the usual caps set by Massachusetts law.
Facing Divorce and Disability in Massachusetts?
If you’re dealing with divorce and a spouse’s disability, you don’t have to go through it alone. At Reade Law Firm, PC, we’re committed to helping you understand your options and fighting for the support you need. Every case is different, and we’re here to listen, guide, and advocate for you every step of the way.Call us at (978) 767-8383 or visit our website to schedule a consultation. Together, we can create a path forward that meets your needs and goals.