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Massachusetts Spousal Support & Alimony Frequently Asked Questions ( FAQ )

In monitoring phrases that many of our guests entered into search engines Google, Yahoo, or Bing and the subsequent search results that led them to our website, we found that many of them just wanted answers to very basic questions on Massachusetts Divorce and Family Law. We recognize the challenges faced by our guests in using these search engines to obtain quality answers from reliable sources. It's not an easy task even if you had the time to sift through the hundreds, thousands, or even millions of webpage search engine results just to find an answer to your basic question. Even if you are lucky in finding an answer, you should never act on it as the internet is filled with information that can be inaccurate, or outdated from both questionable and what can be construed as trusted sources. We encourage all of our website guests for their own protection to always consult with a licensed Massachusetts attorney in good standing practicing in the areas of Divorce and Family law, such as Boston Divorce Attorney Robyn A. Briatico, before acting on any information they obtain from this or any other website.

Important Note: The general answers we provide in the areas of Family and Divorce Law are for educational purposes only and should not be taken as legal advice for any specific situation.

As a free service to our community and the general public, Boston Family Law and Divorce Attorney Robyn A. Briatico has chosen to answer a select number of Alimony & Spousal Support Frequently Asked Questions (FAQ) submitted by visitors to BostonDivorceLawyer.com and Tweets sent to @MyBostonLawyer at http://twitter.com/MyBostonLawyer . The answers to these select questions or modified versions follow:

  • Do I have to pay Massachusetts state income tax on alimony (spousal support)?
    Answer: Yes! Alimony is income to the recipient spouse of former spouse and must be included as income in both your Federal and Massachusetts state income tax return as the income is taxable, subject to Massachusetts Depart of Revenue guidelines (DOR). Back to Top
  • Can I apply for an increase in alimony (spousal support) payment in Massachusetts if my ex-spouses income has increased or risen since the last Alimony court order?
    Answer: Yes and No. You can file in Massachusetts for a modification of alimony or spousal support where there has been a material change in circumstances. Back to Top
  • How can I lower, reduce, or terminate alimony (spousal support) in Massachusetts?
    Answer: You need to show a material change in circumstances in order to file for an alimony modification in Massachusetts? The courts consider factors outlined in Massachusetts General Laws Chapter 208 Section 34 in determining whether a reduction or termination (elimination) in alimony is warranted.

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  • If my former spouse (ex-husband or ex-wife) is late, delinquent, or fails to pay alimony, what are my options to enforce the original court order in Massachusetts?
    Answer: You can file a complaint for contempt in Massachusetts for failure to pay alimony in a timely manner.
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  • Will my alimony be reduced in Massachusetts if I change careers or get a new job?
    Answer: The judge has discretion about whether to keep the original alimony order unchanged. If you change careers or get a new job that substantially reduces your income, the judge has discretion to keep the original alimony order unchanged or intact because you voluntarily chose to be underemployed.
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  • If you lose your job, can the Massachusetts Probate Court Judge use your second wife's income to determine how much if any to reduce your original alimony award?
    Answer: In Massachusetts, your second wife's income can be taken into consideration in order to satisfy an existing order.
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  • If my former spouse (ex wife or husband) gets a second job or works overtime to earn more money, can I file for an alimony modification in Massachusetts?
    Answer: You can file for alimony modification if there has been a material change in circumstances. The Court has discretion whether or not to modify the existing Order based on factors in Massachusetts General Laws Chapter 208 Section 34. Back to Top
  • How is alimony or spousal support calculated or determined in Massachusetts?
    Answer: Massachusetts General Laws Chapter 208 Section 34 lists factors the Court considers in determining whether or not to award alimony. The Court considers these factors, along with the specifics on a case by case basis, to determine how much, if any, alimony is to be awarded.
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  • Do I have to pay Federal income tax on alimony or spousal support income in Massachusetts?
    Answer: Yes! Alimony is income to the recipient spouse or former spouse (ex-husband or wife) and must be included in your Federal as well as Massachusetts State income tax return as the income is taxable subject to the IRS and Massachusetts Department of Revenue (DOR) guidelines.
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  • Can my former spouse (ex-husband or wife) or I file for bankruptcy (Chapter 7 or 13) in order to avoid having to pay an existing alimony (spousal support) order in Massachusetts?
    Answer: No! Both alimony and child support obligations may not be discharged or eliminated in the Bankruptcy Court. In other words, Federal Bankruptcy Laws exempt the discharge or elimination of Massachusetts court ordered alimony or child support awards. Back to Top
  • Can alimony (spousal support) be awarded in Massachusetts over and above the child support worksheet (calculator)?
    Answer: If your family income is $250,000 or less, the courts in Massachusetts will generally not award alimony in addition to child support. However, there are situations where the judge can use their discretion to award alimony depending on the specifics of the case to those making under or above $250K regardless of length of marriage. The courts will consider child support in whole or in part as alimony provided the after-tax support received by the custodial parent is not diminished.

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  • Is alimony (spousal support) awarded in mid (medium) term marriages in Massachusetts?
    Answer: Courts may award rehabilitative or short duration alimony in mid or medium term marriages to give homemakers, non employed, or low earning spouses the opportunity to finish school, retrain, or to provide time to reenter the workforce. As part of a divorce settlement, the courts will consider child support in whole or in part as alimony provided the after-tax support received by the custodial parent is not diminished. It's important to remember that the Court has discretion about whether or not to award alimony based on the specifics of your case regardless of the duration of the marriage.
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  • Is alimony (spousal support) awarded in short term marriages in Massachusetts?
    Answer: Courts will generally not award alimony in short term marriages but may consider awarding rehabilitative or short duration alimony to give homemakers, non employed, or low earning spouses the opportunity to finish school,or to retrain, or provide time to reenter the workforce. As part of a divorce settlement, the Courts will consider child support in whole or in part as alimony provided the after-tax support received by the custodial parent is not diminished. It's important to remember that the Court has discretion about whether or not to award alimony based on the specifics of your case regardless of the duration of the marriage.
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  • Is alimony (spousal support) awarded in long term marriages in Massachusetts?
    Answer: The Courts will generally award long duration or even permanent alimony in long term marriages where one spouse earns significantly more than the other. If the combined income of both parents falls below the Massachusetts Child Support guideline of $250,000/yr (back in 2009), the courts may forego alimony in favor of child support as there may not be enough income to pay for both. When the children are emancipated and the child support burden is removed, the custodial parent may file for a modification of the divorce judgement to have the alimony initiated.
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  • Does Massachusetts have guidelines for alimony (spousal support)?
    Answer: Massachusetts has no set formula for the Courts to follow when making an alimony award. The Court has discretion in the amount of the award based on the factors listed in Massachusetts General Laws, Chapter 208, Section 34. Back to Top
  • Can I get alimony (spousal support) in Massachusetts if I was never legally married but have children?
    Answer: No. There are currently no laws that allow for an unmarried custodial parent to obtain alimony or spousal support upon the breakup of the family or relationship. However, you can get child support from the non custodial parent. Back to Top
  • How long will a Massachusetts spousal support (alimony) award last in a long term marriage?
    Answer: An alimony award in Massachusetts will last until the recipient spouse marries, or death of either party, or a modification of an existing alimony order. Back to Top
  • If my former spouse (ex-husband or wife) is delinquent in making alimony (spousal support) payments, what course of action can I take in Massachusetts to get him/her to pay?
    Answer: You can file for complaint for contempt against your former spouse (ex-spouse) for his/her failure to pay alimony. Back to Top
  • Is there a alimony formula, alimony calculator, or alimony worksheet to help determine your Massachusetts spousal support award?
    Answer: At this time, the Massachusetts legislation and Courts have no set formula, calculator, or worksheet to help determine alimony awards.
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  • Does Massachusetts spousal support (alimony) terminate, stop, or end at retirement?
    Answer: It depends on the circumstances surrounding your situation. The normal retirement of a supporting (paying) spouse may justify the filing of an alimony modification by showing a change in circumstance such as a reduction in income as a result of retirement. The Court considers all factors identified in Massachusetts General Laws, Chapter 208 Section 34 in determining whether or not to reduce, terminate, eliminate, or leave the existing alimony order unchanged.

    If you retire prematurely or voluntarily leave your job too early, you may be ordered to continue to pay alimony at the current levels. If you retire or lose your job and are unable to find employment at your current salary, the court may consider your lower earnings capacity to reduce your alimony order.
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  • If I or my former spouse (ex-husband or wife) loses his/her job, business declines or fails, or our health fails, will the court reduce or lower my Massachusetts Alimony (Spousal Support) payments?
    Answer: It all depends on the circumstances surround your case and the details of the Massachusetts existing alimony order. The Court has the discretion to keep the existing order in place in some cases where the Court finds that the payor spouse voluntarily loses his/her job. If the Court finds that the payor spouse is no longer able to work due to health reasons, the Court will most likely modify the existing alimony order.
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  • What happens to my alimony (spousal support) obligation if I lose my job in Massachusetts?
    Answer: If you lose your job in Massachusetts, you have a material change in circumstance that will allow you to file for a alimony modification to try and reduce your existing alimony order. Back to Top
  • Can I apply in Massachusetts for an increase in Alimony (Spousal Support) payment if my former spouse's (ex-husband or wife) income has increased or risen since the last Alimony order?
    Answer: No! Unlike child support, once an Alimony order is entered, you will most likely be unable to change the alimony order as a result of your former spouse's increased earnings. Back to Top
  • If my former spouse's (ex-wife or husband) trust income appreciates substantially and my income drops because of a change in job or loss of a job altogether, can I apply for an Alimony (Spousal Support) modificaiton in Massachusetts?
    Answer: Yes, you can file for a modification in alimony because of the material change in circumstance of your job and your former spouse's increased income from his/her trust. Back to Top
  • Will my alimony (spousal support) payment in Massachusetts terminate or end if I were to move in with my boyfriend or girlfriend?
    Answer: It will by highly unlikely that your alimony payment would terminate if you move in with your boyfriend or girlfriend as cohabitation is not a factor a trial judge shall consider in the award of alimony in Massachusetts. Back to Top
  • Does a spouse's cohabitation with a live in boyfriend or girlfriend support or warrant an alimony (spousal support) modification in Massachusetts?
    Answer: A spouse's cohabitation is not one of the factors identified in Massachusetts General Laws, Chapter 208 Section 34. A court may consider only the statutory factors when making the determination of an alimony award thus making it unlikely that an existing alimony award would be reduced or terminated under those circumstances. Back to Top
  • How is MA spousal support or alimony calculated or determined ?
    Answer: There currently is no set formula, calculator, or guideline enacted or endorsed by Massachusetts Legislature or the Courts that can be used to help determine your alimony obligation. Massachusetts General Laws Chapter 208 Section 34 lists factors the court shall consider in determining whether or not to award alimony. The Court considers these factors when determining how much, if any, alimony is to be awarded. Some of the factors the court considers include: the length of marriage, the conduct of the parties during the marriage,the age, health, station, occupation, amount and sources of income, vocation skills, employability, estate, liabilities, and needs of each of the parties and the opportunity for future acquisition of capital assets and income. Back to Top
  • Can lifetime alimony (spousal support) be awarded in long term marriages in Massachusetts to a spouse or party that has the ability to work but chooses to not?
    Answer: The Court will look at the specifics of the case including the factors outlined in Massachusetts General Laws Chapter 208 Section 34 to determine whether short term, long term, lifetime, or for that matter any alimony is warranted. The Court is given broad discretion in determining the type of alimony to award in long term marriages.
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  • Under what circumstances can an alimony (spousal support) order be changed, modified, or terminated in Massachusetts?
    Answer: The Court Order for alimony in Massachusetts can be changed,modified or terminated if it can be shown that a material change in circumstance has occurred in order to warrant a change to an existing court order.

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