Massachusetts Alimony Attorney

Alimony, also called spousal support or spousal maintenance, is the money one spouse pays to another after a divorce is finalized. Even if support wasn’t included in your original divorce judgment, you can still request it afterward. Whether you’re seeking support or have been asked to pay, our alimony attorneys in Massachusetts represent both sides and offer a free initial consultation.

Call Miller Law Group, P.C. at (888) 874-2142 to schedule your free consultation and speak with an attorney who is familiar with the probate and family courts throughout Massachusetts.

What Is Spousal Support?

Spousal support is designed to help a spouse maintain a reasonably similar lifestyle after divorce, without placing a disproportionate financial burden on either party. Under M.G.L.A. c. 208 section 53, alimony generally shouldn’t exceed the recipient’s need or 30–35 percent of the difference between the parties’ gross incomes.

Types of Alimony in Massachusetts

Massachusetts recognizes four types of alimony under the Alimony Reform Act:

1. General Term Alimony: Regular financial support paid to an economically dependent ex-spouse. The duration of payments is tied to the length of the marriage.
2. Rehabilitative Alimony: Support for an ex-spouse expected to become self-sufficient by a specific date, such as after completing job training or a degree program.
3. Reimbursement Alimony: Compensation for expenses one spouse covered during the marriage, such as the other’s education or job training costs. Typically applies in marriages of five years or less.
4. Transitional Alimony: Helps a spouse adjust to a new lifestyle or location after divorce. Like reimbursement alimony, this form is most common in shorter marriages of five years or less.

How the 2012 Alimony Reform Act Changed the Rules

The Alimony Reform Act took effect on March 1, 2012, and significantly changed how Massachusetts courts handle spousal support.

Before 2012, Massachusetts courts applied a formula that weighed factors like spousal age, earning capacity, length of marriage, and employability, with no statutory limits on how long alimony could last. The Reform Act changed that by introducing duration caps for general term alimony based on how long the marriage lasted. It also modified the rules around cohabitation, remarriage, and retirement.

Alimony duration limits under the Act correspond to the length of the marriage:

• Married 5 Years or Less – Alimony cannot exceed 50% of the length of the marriage
• Married 10 Years or Less – Alimony cannot exceed 60% of the length of the marriage
• Married 15 Years or Less – Alimony cannot exceed 70% of the length of the marriage
• Married 20 Years or Less – Alimony cannot exceed 80% of the length of the marriage

For marriages longer than 20 years, the court has discretion to order alimony for an indefinite duration. The Act also changed when alimony ends: it terminates upon the recipient’s remarriage, can be suspended or reduced if the recipient cohabitates with another person for at least three months, and terminates when the payor reaches full retirement age.

Tax Treatment of Alimony in Massachusetts

A 2022 change to Massachusetts law aligned the state with the federal Tax Cuts and Jobs Act of 2017. For agreements executed or modified after December 31, 2018, alimony payments aren’t deductible by the payor and aren’t included in the recipient’s gross income. Per the Massachusetts Department of Revenue, this treatment applies to tax years beginning on or after January 1, 2022. Agreements finalized before that date that haven’t since been modified may still fall under the older tax framework, but the date and terms of any modification can change the tax consequences.

The loss of deductibility affects how both parties and the court assess what a fair alimony amount looks like. Because the after-tax impact on the payor and recipient differs from the pre-2019 framework, tax treatment is now a meaningful factor in negotiating and litigating spousal support. It’s worth noting that child support is treated differently: those payments are neither deductible for the payor nor taxable to the recipient. We’ve published guidance on the tax implications of alimony in Massachusetts, and our attorneys factor these considerations into alimony matters we handle.

How Cohabitation, Retirement, & Income Changes Affect Massachusetts Alimony

Cohabitation

Alimony doesn’t only end at remarriage. Under M.G.L.A. c. 208 section 49(d), general term alimony can also be suspended or reduced if the recipient cohabitates with another person.

According to Title III, Chapter 208, Section 49(d):
“General term alimony shall be suspended, reduced or terminated upon the cohabitation of the recipient spouse when the payor shows that the recipient spouse has maintained a common household, as defined in this subsection, with another person for a continuous period of at least 3 months.”

Retirement

According to Title III, Chapter 208, Section 49(f):
“Once issued, general term alimony orders shall terminate upon the payor attaining the full retirement age.”

The statute further clarifies that the payor’s ability to continue working past retirement age isn’t generally a basis to extend alimony. The court may grant an extension for good cause, upon written findings of a material change in circumstances supported by clear and convincing evidence.

Income Changes

Because alimony generally shouldn’t exceed 30 to 35 percent of the difference between each spouse’s gross incomes, a significant change in either spouse’s income can be grounds to petition for modification. If your financial situation has shifted, you can return to court and seek a revised agreement.

Domestic Partner Support in Massachusetts

Massachusetts doesn’t have a domestic partner support statute equivalent to alimony for unmarried couples. If you were in a domestic partnership and are facing financial hardship after a breakup, you may still have legal options. Depending on your circumstances, recourse may be available through property division, joint financial agreements, prenuptial agreements, or child support if children are involved. The specifics of your relationship, financial ties, and any agreements made during the partnership will shape what options are available to you.

Modifying an Existing Alimony Order

To modify a prior alimony order, the requesting party must demonstrate a material change in circumstances that affects their need for support or their ability to pay. A payor seeking a reduction must show the change is significant enough to warrant lower payments; a recipient seeking an increase must show it justifies higher ones.

Common grounds for modification include:

• Change in employment status
• Change in salary
• Remarriage
• Cohabitation
• Relocation

Our attorneys are familiar with the judges and procedures across Massachusetts Probate and Family Court divisions, which informs how we build modification cases for our clients.

Contact Miller Law Group, P.C. for a Free Consultation: (888) 874-2142

At Miller Law Group, P.C., we represent both spouses seeking alimony and those asked to pay it. Our attorneys have handled cases in family courts throughout Massachusetts and bring decades of combined experience to every case. Because our team meets multiple times each week to discuss ongoing matters, every client benefits from the collective insight of the full firm, not just a single attorney. We offer convenient meeting locations statewide and a free initial consultation so you can find out whether we’re the right fit for your situation.

Whether you’re seeking spousal support or responding to an alimony claim, we’re ready to help you pursue a fair outcome. Contact our Massachusetts alimony attorneys at Miller Law Group, P.C. or call (888) 874-2142 today for your free consultation.