Alimony — sometimes referred to as spousal support or maintenance — is governed by Massachusetts General Laws ch. 208 §34. Here is what the statute says in relevant part:
In determining the amount of alimony, if any (emphasis mine), to be paid, or in fixing the nature and value of the property, if any, to be so assigned, the court, after hearing the witnesses, if any, of each party, shall consider the length of the marriage, the conduct of the parties during the marriage, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties and the opportunity of each for future acquisition of capital assets and income. ..
That probably seems like a lot of legalese…and it is. So does it mean for you? It means that alimony is awarded at the court’s discretion based on the factors above. More importantly the above language means alimony is NOT automatic. I often get inquiries regarding alimony and the concern generally revolves around the length of the marriage. People assume that the longer you are married the more likely the need to pay alimony. This is simply not true. Length of marriage is a factor but it is not solely determinative.
What Do the Factors to Determine Alimony Mean?
So what is the practical effect of this? When is alimony paid in Massachusetts? Do women ever pay alimony? First off, the statute applies equally to men and women. The higher wage earner is the individual that will be paying the alimony whether that earner is male or female is irrelevant. Also, an award of alimony does not necessarily mean that someone is going to be paying for life. Often courts will award alimony for a fixed amount of time. Again, the courts look at the factors above so alimony isn’t as predictable as one would like. The good news though is that alimony is not often awarded. I have heard some attorneys sum up alimony as being based on “need and the ability to pay.” Most middle-class families are not in an economic situation to pay afford the usual expenses PLUS child support PLUS alimony. This simply is not often feasible.
If you have any questions or concerns about alimony in your divorce please do not hesitate to contact me for a free consultation.
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