Different Types of Alimony and How They Work

Are you worried about how you’ll manage financially after a divorce? It’s common to feel anxious when your household splits into two, especially if one spouse relies on the other for income.

Here at Reade Law Firm, P.C., we believe people deserve both clear information and a caring approach as they move through this challenging time. Our team offers a blend of strong advocacy and genuine compassion in each divorce proceeding.

Let’s look at the different alimony options in Massachusetts and how each one might affect your situation.

Types of Alimony Available in Massachusetts

When a couple parts ways, Massachusetts law provides varied ways to address financial disparities. The Alimony Reform Act of 2011 introduced guidelines to shape how these payments are determined. Primarily, there are four types of alimony: General Term, Rehabilitative, Reimbursement, and Transitional. Each type has distinct features that may help a spouse adjust to life after divorce.

Before diving into each category, know that courts focus on fairness and the parties’ respective abilities to manage day-to-day costs. Judges also look at matters like each spouse’s work history, childcare role, and any sacrifices made during the marriage. Let’s break down each alimony type to see what it entails.

General Term Alimony

General term alimony is the most familiar form of support, paid regularly to a financially dependent spouse. Its purpose is to help the spouse with fewer resources maintain a reasonable standard of living. This might happen when one spouse has been out of the workforce for a while, perhaps caring for the home or for children.

In Massachusetts, the length of general term alimony depends largely on how long the marriage lasted. Under MGL c. 208, § 49, the number of years you were married dictates how many months you might receive or pay alimony. A shorter marriage often brings fewer alimony payments, while a marriage longer than 20 years could mean an indefinite award.

Here are some situations where the general term alimony might be awarded:

• One spouse chose to stay home to take care of children or older family members.
• One spouse handled most household duties and had limited work experience during the marriage.
• The couple agreed early on that the higher-earning spouse would generate the bulk of family income.

According to § 49, the general term alimony can be suspended, reduced, or ended if the recipient lives with another partner for at least three consecutive months. That rule aims to prevent unfair advantages if the receiving spouse is effectively sharing living expenses with a new companion.

When it comes to duration, the Alimony Reform Act introduced some limits based on marriage length. These guidelines aim to match the alimony timeline to a portion of the marriage itself.

Rehabilitative Alimony

Rehabilitative alimony is a short-term arrangement that supports a spouse until they can become self-sufficient. Under MGL c. 208, § 50, it is granted when a spouse needs education, training, or some period of job hunting to sustain themselves financially.

Courts often set an end date based on how long it might take the recipient to finish a training program or gain the qualifications needed for meaningful work. In many cases, five years is the outer boundary unless a judge finds a compelling reason to extend it.

Some examples of when rehabilitative alimony fits:

• A spouse returns to school to finish a degree or obtain a license for a new career.
• One spouse needs extra time to update skills in a fast-changing job market.

This alimony type encourages a spouse to become financially independent while receiving targeted support during the transition.

Reimbursement Alimony

Reimbursement alimony is designed to pay back a spouse who contributed to the other’s career development or education. This support often shows up in divorces where the marriage lasted five years or fewer, per MGL c. 208, § 51.

One example is a situation where a spouse paid the other’s nursing school tuition and now wishes to be compensated for those contributions. Reimbursement alimony can be paid in installments or as a lump sum, depending on what the court feels is fair. It recognizes that one spouse’s financial commitment helped the other spouse improve income potential.

This type of alimony ensures the spouse who funded sizable training costs is not left in a disadvantageous position if the marriage ends soon after those expenses were covered.

Transitional Alimony

Transitional alimony helps a spouse handle the changes to their lifestyle or living setup following a short marriage. It is available only if the marriage lasted five years or fewer, in line with MGL c. 208, § 52. The payment cannot last more than three years from the time the divorce is finalized.

These payments can come in installments or in a single sum. The idea is to offer short-term help for immediate needs, such as relocating to a new neighborhood or setting up a new place. Courts look at the spouse’s budget and how quickly they can move to stable footing. If the marriage was brief, transitional alimony can cushion the rapid shift from marital life to single life.

Factors Determining Alimony in Massachusetts

Various considerations guide the court’s decision on whether and how to award spousal support. Under Massachusetts law, judges assess factors outlined in MGL c. 208, § 53(b). The fundamental questions are: does the requesting spouse have a genuine need, and can the other spouse afford to pay?

Typical areas of inquiry include:

1. The marriage’s duration.
2. Each spouse’s income and potential earning power.
3. Age and overall health of both spouses.
4. The standard of living exercised while married.
5. Each party’s ability to sustain that standard once the marriage ends.
6. Economic and non-economic contributions from both spouses.
7. Opportunities lost by any spouse as a direct result of the marriage.

Courts have some flexibility to account for other details that might be relevant. There is also a general guideline that alimony payments should not exceed the recipient’s reasonable needs or 30% to 35% of the difference between the two spouses’ gross incomes. Actual orders vary, but the judge usually stays within that range unless there are certain circumstances.

Modifying Alimony Orders

Circumstances sometimes change, meaning an original alimony order might no longer be appropriate. Under Massachusetts law, a spouse can request a modification if there is a substantial difference in finances, health, or living conditions since the last arrangement was set.

In particular, general term or rehabilitative alimony can often be changed if a spouse loses a job, experiences a severe health setback, or encounters another major shift. However, reimbursement and transitional alimony are typically not subject to changes. Courts aim to preserve predictability, so if you believe your situation merits a revision, be ready to show strong reasons why a different outcome is warranted.

Alimony and Taxes: Important Changes

As of January 1, 2019, federal law no longer treats alimony payments as a tax deduction for the payer or taxable income for the recipient if the divorce was finalized after December 31, 2018. Massachusetts tax returns filed for 2022 and beyond follow the same rule. This shift means that neither side reports spousal support in their taxable income if the divorce happens under the new guidelines.

For divorces concluded before that January 1, 2019 mark, the older rules generally still apply unless those orders were modified later in a way that invokes the new law. If you’re unsure which guidelines govern your situation, consider clarifying the relevant date of your original divorce judgment or any subsequent changes.

Facing Alimony Concerns in Massachusetts? Contact Reade Law Firm, P.C., Today

When alimony questions arise, it helps to have legal allies who understand the emotional strain and the practical realities. At Reade Law Firm, P.C., we aim to provide honest guidance so you can pursue a fair outcome. We want to help you learn about your rights and figure out the best plan for your family. Call us at 978-767-8383 or visit our Contact Page to discuss how we can safeguard your interests. We look forward to supporting you in this process.