When a court orders a divorce, it is possible that it will order one of the spouses to make alimony payments to the other. Alimony is the payment of money by one spouse to another in the event of their divorce or legal separation.
Alimony may be temporary alimony that is paid during the divorce proceedings. Or, it may be permanent alimony that is paid for a period of years after the divorce or legal separation is final.
Alimony is separate from any child support payments that must be made by one spouse to the other for support of the children of the marriage. The purpose of alimony is to preserve the economic situation of the respective spouses as it existed during the marriage. However, custody of the children and its effect on the financial situation of the custodial parent are two factors among several that a judge considers in deciding alimony.
If the spouse with custody of the children cannot support themselves because the child or children of the marriage are of an age or condition that negatively affects the custodial parent’s ability to work, it would affect the decision on the issue of alimony.
For example, if the custodial parent must remain at home to take care of a child or children, this is going to have an effect on the decision about alimony. It would make it more likely that a judge would award alimony to the custodial parent.
How Do I Qualify for Alimony?
Whether alimony is awarded to either spouse as part of a final divorce order is decided by a judge according to what is fair under the circumstances. In Massachusetts, there are 4 distinct kinds of alimony awards:
- General Term Alimony: General term alimony if for a spouse who has substantially less income potential than the other spouse. However, general term alimony is usually only awarded in marriages that have lasted at least 10 years;
- Transitional Alimony: A spouse may qualify for transitional support if they demonstrate to the court that they have a short-term financial need after the marriage. This kind of support is usually awarded to pay for education or training so the spouse can qualify for a new or better job and improve their financial status for themselves;
- Rehabilitative Alimony: This is support paid to an ex-spouse who is expected to be able to support themselves by a predicted time in the future, e.g. because they expect to complete their studies and qualify for employment;
- Reimbursement Alimony: Reimbursement alimony is awarded in exceptional circumstances. These are circumstances that lead a judge to believe that the current division of assets is unfair. For example, one spouse may have misused money during the marriage. Or, one spouse may have paid for the education or job training of the other spouse and essentially should be reimbursed for that.
Why Does a Massachusetts Court Award Alimony?
In deciding on a request for alimony, courts consider a range of factors and whether they justify the award. Some of the factors that should be included in the court’s consideration are the financial resources of both spouses, including the separate estates of each of them. A court should also consider the ability of each spouse to meet their own needs independently, including their responsibility to a dependent child or children.
Maintaining the standard of living established during the marriage is the main goal of alimony payments. So, the earning ability, including job skills, and the job market for each party’s profession are important factors that a judge considers in deciding on alimony. The time needed for a dependent spouse to obtain adequate training or education to establish their ability to earn an adequate living is taken into account when determining the need for alimony.
Even if the dependent spouse is found to have a strong need for alimony support, if the independent spouse with better resources does not have sufficient funds to meet their own financial obligations in addition to alimony payments, this factor will be given weight by the court.
One factor that a judge in Massachusetts does not consider when determining whether to award alimony is marital fault. If one party is “at-fault” due to infidelity, abuse, desertion or other factors, it should not affect whether alimony is awarded to the other spouse and if so, the amount.
How Much Alimony Can I Receive?
For calculating the value of an award of alimony, there is no set formula or limit. Unless agreed to by the spouses, the family court judge who is responsible for the case decides how much alimony should be paid.
By law, the judge is compelled to consider several factors including the length of the marriage, the ability of each party to pay, and the health and age of each spouse. While every case is different, and the amount of alimony awarded is going to reflect the financial resources of the divorcing spouses and personal factors unique to their marriage.
In some states, the law specifies a fixed formula for calculating alimony, but this is not the case in Massachusetts. In Massachusetts, alimony is calculated on a case-by-case basis, which means that the court makes a determination that fits the facts and financial circumstances of the divorcing couple in a particular case.
How Long Does Alimony Last?
Again, the length of time for which alimony must be paid is determined by the judge on a case-by case basis. Reportedly, however, the general formula used in Massachusetts is 1 year of alimony for every 3 years of marriage.
A judge would award alimony for a longer period if one spouse is not able to support themselves because of their age, illness, or disability.
Of course, even permanent alimony comes to an end when either spouse dies, or if the spouse receiving the alimony remarries or enters a relationship that is the equivalent of marriage.
How Do I Ask for Alimony?
In Massachusetts, a person should request an award of alimony at the very beginning of the divorce. In Massachusetts this would be done in the Complaint for Divorce or the Counterclaim for Divorce if the other spouse initially filed the divorce complaint. Or, the divorcing couple may file a Joint Petition for Divorce.
If a person fails to request alimony at first, they may be able to ask for it later by asking the court to allow them to amend the Complaint or Counterclaim. In the request, the person should explain the legal basis for the request.
After a spouse asks the court for alimony, both spouses will be required to submit financial disclosure statements to the court.. Each spouse’s financial statements include a complete report of their financial situation including real estate assets owned, income earned, life insurance policies in effect, bank statements, household expenses, and the like. It is important that the financial statement is complete and truthful. A person would probably want to have it reviewed by an attorney before submitting it.
Do I Need a Lawyer for Help with a Request for Alimony?
Obtaining an award of alimony can be challenging and it is important to have a skilled attorney advising and advocating for you in this process. Alimony in a divorce proceeding is important and you do not want to take chances with your request for it.
You may want to consult a Massachusetts family lawyer today. Your attorney can provide you with the guidance you need for your alimony case.
