What Qualifies a Spouse for Alimony? Key Factors Explained
We often hear about the emotional side of divorce, but there’s also a pressing question about how each spouse will manage day-to-day expenses once the marriage ends.
At Reade Law Firm, P.C., we focus on guiding individuals through these delicate financial issues with sincerity and practical advice.
Our team believes in advocating for your interests while addressing real-life concerns, and today, we’re looking at what it takes to qualify for alimony under Massachusetts law. Let’s explore the common criteria.
Alimony Eligibility: An Overview
Alimony, also called spousal support, is court-directed financial help from one spouse to another. It may be awarded during the divorce process or after it concludes. However, it’s never automatic, so you’ll need to show that the spouse requesting help has a genuine need and that the other spouse can cover it. Each case is handled separately, with courts examining facts like marital length and family income.
Financial need is the heart of any alimony request. A spouse seeking support must show that they can’t reasonably support themselves without assistance. The court then reviews both the requesting spouse’s limitations and the paying spouse’s financial capacity.
In Massachusetts, these awards can vary in duration and amount. Judges follow the Alimony Reform Act, which provides guidelines to shape the arrangement but still allows room for case-specific considerations.
Key Factors Determining Alimony Qualification in Massachusetts
Massachusetts courts consider different factors when deciding whether to grant alimony. Below, we explore the most common points.
Length of the Marriage
Longer unions usually create a stronger argument in favor of alimony. Courts often see a long period of shared living as a sign that one spouse may have built finances or a career track around the couple’s lifestyle, making the post-divorce transition tougher. The Alimony Reform Act of 2011 offers rough guidelines on how long alimony might last based on how many years a couple was married. In brief, a short marriage may lead to a shorter support timeframe, while a marriage surpassing 20 years could open up the possibility of longer support.
Income and Earning Capacity
If one spouse earns a lot more or holds advanced job qualifications, the wide gap may justify spousal support. The court looks not just at current earnings but also at each party’s future earning potential. This may involve whether additional training or education is reasonably available and how a spouse’s duties during the marriage affected job prospects.
Health of Each Spouse
Ongoing health challenges can reduce a person’s ability to work consistently. When one spouse has a chronic illness or struggles with disability, courts might award spousal support to help cover living costs. The idea is that poor health complicates steady employment and could lead to growing medical expenses.
Contributions to the Marriage
A spouse who dedicated years to childcare, homemaking, or supporting the other spouse’s career is often viewed as having contributed just as tangibly as someone who earned a salary. Courts weigh items such as one spouse taking on most household duties or helping the other spouse pursue a professional degree. This category spans both economic and non-economic contributions.
For example, raising children full-time or managing household finances saves the working spouse money and time they might have spent on hired childcare or other services. That factor can bolster the claim that alimony is fair.
Marital Lifestyle
The standard of living during marriage is another key aspect. Judges aim to gauge whether a spouse seeking support can maintain a comparable way of life post-divorce. If there’s a large gap in the spouses’ abilities to afford that standard, alimony may bridge it.
A lifestyle shift is inevitable, but the court generally wants to prevent an unreasonable drop for a spouse who cannot realistically find enough resources on their own.
Lost Economic Opportunity
Some spouses put personal goals aside to boost the household. Maybe they left full-time work to care for a child, or possibly, they delayed graduate school while the other spouse advanced in a career. That loss of professional growth can reduce future earnings, so support might be granted to partially offset that missed chance.
Other Relevant Factors
Massachusetts General Law Chapter 208, Section 53 allows judges discretion to examine any detail they find essential for deciding alimony. This might include a spouse’s age, large debts, or even the emotional premise of the marriage if it influenced employment options. Every couple’s situation is unique. Judges will weigh extra details as needed to reach what they see as a fair resolution.
Below is a quick look at a few considerations that might apply when courts review possible alimony. It’s not exhaustive, but it captures common points:
- Whether either spouse reached full retirement age
- Certain financial obligations, such as caring for a family member
- Pre-marital cohabitation and shared expenses
How Alimony is Calculated
Unlike child support, which uses a formula in Massachusetts, alimony decisions grant judges a wider margin for adjustments. That doesn’t mean it’s a free-for-all, though. Courts frequently reference a guideline that the award should not exceed the recipient’s need or 30% to 35% of the difference between the spouses’ gross incomes. They also consider whether certain amounts of income are already accounted for, such as funds used to pay child support or assets divided during the divorce.
In practice, this means if one spouse brings in $80,000 annually and the other spouse earns $30,000, a judge might use the difference ($50,000) to calculate potential support in the 30% to 35% range. Courts can still deviate from that guideline when the facts call for it. Factors like paying for health insurance or unique tax circumstances could lead a judge to make adjustments.
Below is a small table illustrating examples of how different marriage lengths might influence alimony duration under the Alimony Reform Act:
| Marriage Length | Typical Max Duration of Alimony* |
| 5 years or less | Up to 50% of the length of the marriage |
| 10 years or fewer | Up to 60% of the length of the marriage |
| 15 years or fewer | Up to 70% of the length of the marriage |
| 20 years or fewer | Up to 80% of the length of the marriage |
| More than 20 years | No fixed cap; judge decides |
*Judges can vary from these guidelines if concerns arise.
Alimony Modification and Termination
Court orders aren’t chiseled in stone, so changes might come up later on if circumstances shift in a major way. The spouse paying or the spouse receiving alimony can request a modification if their situation has altered since the original order. That might be due to a large drop in income, a serious medical issue, or a new job for the recipient spouse.
There are also triggers that can bring alimony to an end. If the supported spouse remarries, support usually halts. Dating relationships sometimes cause questions about cohabitation, too; if the recipient spouse has shared a home with someone for more than three months, the court might reduce or end alimony. Once the paying spouse reaches full retirement age, the law may also call for a stop.
Have Questions About Alimony? Contact Reade Law Firm, P.C., Today
We believe in direct, responsive help for anyone worried about spousal support. You can call us at 978-767-8383 or head to our Contact Us page for quick assistance. We welcome the chance to talk with you about your goals, whether you’re petitioning for alimony or responding to a request. Our mission is to work side by side with you and seek the best approach for a more stable path forward.