Alimony and Spousal Support in Massachusetts

Massachusetts has four types of alimony: general term (for an economically dependent spouse), rehabilitative (until a spouse is expected to become self-sufficient), reimbursement, and transitional (the last two only after marriages of 5 years or less). General term alimony is limited by the length of the marriage unless the court finds a longer term is required in the interests of justice: up to 50% of the months of marriage for marriages of 5 years or less, 60% for over 5 to 10 years, 70% for over 10 to 15 years, and 80% for over 15 to 20 years; it may be indefinite for marriages over 20 years. It ends when the recipient remarries or either spouse dies, may be reduced or ended if the recipient cohabits for 3 months or more, and generally ends when the payer reaches full Social Security retirement age. The amount should generally not exceed the recipient's need or 30 to 35 percent of the difference between the spouses' gross incomes. Factors include the length of the marriage, ages, health, income and employability, contributions, marital lifestyle, and lost economic opportunity.

Massachusetts is an equitable distribution state. The court may assign to either spouse all or part of the other spouse's estate, including vested and nonvested retirement, pension and other benefits accrued during the marriage. The statute does not limit division to property acquired during the marriage. Factors include the length of the marriage, conduct during the marriage, each spouse's age, health, station, occupation, income, vocational skills, employability, estate, liabilities and needs, the opportunity of each to acquire future assets and income, any alimony, and the needs of dependent children. The court may also consider each spouse's contribution to acquiring, preserving or increasing the value of the estates, including as a homemaker.