How does alimony work in Massachusetts?

Massachusetts alimony is governed by the Alimony Reform Act of 2011, codified at M.G.L. c. 208 §§ 48-55, effective March 1, 2012. It is one of the most structured alimony statutes in the country.

1. Four Types of Alimony — § 48

General term alimony — periodic payments for an indefinite or limited time, based on need and ability to pay.

Rehabilitative alimony — supports a specific event (completing education, training, employment) — maximum 5 years, with possible 1 extension based on unforeseen circumstances.

Reimbursement alimony — for marriages 5 years or less to compensate for economic or non-economic contributions to the other's financial resources.

Transitional alimony — for marriages 5 years or less to transition to a new lifestyle/location — maximum 3 years, lump sum or periodic, non-modifiable and non-extendable.

2. General Term Amount Cap — § 53(b)

Amount shall generally not exceed the recipient's need OR 30% to 35% of the difference between the parties' gross incomes at the time of order — whichever is less.

3. Durational Caps for General Term Alimony — § 49(b)

Alimony duration is presumptively limited based on marriage length:

5 years or less: maximum 50% of the months of marriage

5 to 10 years: maximum 60%

10 to 15 years: maximum 70%

15 to 20 years: maximum 80%

More than 20 years: court may order indefinite alimony

These caps may be deviated from for good cause with written findings.

4. Statutory Factors — § 53(a)

Length of marriage, age, health, income, employment and employability (including training time), economic and non-economic contributions, marital lifestyle, ability to maintain marital lifestyle, lost economic opportunity from the marriage, and other factors deemed material.

5. Termination — § 49(d) and (f)

General term alimony terminates automatically upon:

Remarriage of the recipient

Death of either party

Recipient cohabits with another person and maintains a "common household" for a continuous period of at least 3 months (§ 49(d))

Payor attains full retirement age as defined by the Social Security Act (§ 49(f)) — this is a rebuttable presumption that may be overcome by clear and convincing evidence

6. Modification — § 49(e)

Modifiable on a material change in circumstances. Income from a second job or overtime begun after divorce is generally excluded from modification (§ 53(e)).

7. Tax Treatment

Federal TCJA applies — orders post-2018 are non-deductible/non-taxable.

This is legal information, not legal advice.