Alimony is one of the most important financial issues in divorce, and one of the easiest to misunderstand. Many people look for a single formula, but Massachusetts alimony is not one-size-fits-all. The law provides a framework, including different types of alimony, general guidelines that often inform the amount, and rules that influence duration. The final outcome depends on the details of your marriage and your financial reality.
This overview explains how alimony is typically evaluated in Massachusetts and what information to gather before negotiations begin.
What alimony is, in plain terms
Alimony is financial support paid by one spouse to the other after divorce when one spouse has the ability to pay, and the other has a need for support. “Need” is not only about bills. It is often tied to the marital standard of living, the cost of maintaining two households after divorce, health insurance, childcare, and whether a spouse can reasonably increase earnings over time.
The four types of alimony in Massachusetts
Massachusetts recognizes four categories of alimony. The category matters because it affects purpose, duration, and sometimes whether payments can be modified later.
General term alimony
Periodic support paid to a spouse who is economically dependent. This is what most people think of when they say “alimony,” and it is more common in longer marriages or where there is a meaningful income gap.
Rehabilitative alimony
Support intended to help a spouse become self-sufficient by a predicted time, such as returning to work or completing training.
Reimbursement alimony
Support that may be ordered after a marriage of five years or less to compensate a spouse for contributions that helped build the other spouse’s financial resources, such as supporting education or training.
Transitional alimony
Support that may be ordered after a marriage of five years or less to help a spouse transition to a new lifestyle or location due to divorce.
What factors matter most when alimony is determined
Courts consider a set of statutory factors when deciding the form, amount, and duration of alimony. In negotiations, these are usually the same pressure points that drive settlement.
Income and cash flow
The starting point is typically each spouse’s gross income, but real cases require a deeper look. Common complications include bonuses, commissions, overtime, business income, partnership distributions, and equity compensation. A solid alimony analysis is built on reliable income documentation, not assumptions.
Employability and earning capacity
Alimony decisions often turn on employability. If a spouse has been out of the workforce, worked reduced hours to support the household, or needs training to return to work, that context matters. Courts can also consider whether someone is underemployed.
Length of the marriage
Length of marriage can influence both the type of alimony that makes sense and how long payments may last. It is also a major factor in the increasing interconnection of the parties’ finances over time.
Health, age, and practical limitations
Health issues can impact employability and expenses. Age and career stage can also affect how realistic it is for a spouse to increase earnings.
Lifestyle during the marriage
Alimony is not designed to punish or reward. It is meant to address need and fairness. In higher-income divorces, lifestyle often becomes relevant because it informs what a “reasonable” post-divorce financial plan looks like.
How alimony amount is typically calculated
Massachusetts has a general guideline used in many cases: alimony often falls within a range based on a percentage of the difference between the parties’ gross incomes, subject to the recipient’s need and the specifics of the case. The current alimony statute sets those guidelines at 30-35% of the difference between the parties’ gross incomes. Those guidelines are outdated, given changes in the tax codes which eliminated the ability of the payor to claim alimony as a tax deduction. Today Family Court Judges are generally considering a range of 18-28% of the difference between the parties’ incomes.
Important: a guideline is not the same as a guarantee. Negotiations still depend on the facts, including budgets, expenses, and whether there are reasons to structure support differently.
A simple example
If one spouse earns $220,000 per year and the other earns $140,000 per year, the difference is $80,000. A guideline-based range might place alimony somewhere within a percentage of that difference, but the final number should still reflect realistic need, available cash flow, and other financial obligations.
Also, when child support is involved, the way income is treated can become more complex. Alimony and child support interact, so it is important to look at the full picture rather than isolating one number.
How long alimony may last
Duration depends on the type of alimony and, for general term alimony, the length of the marriage. Massachusetts law includes durational limits for many marriages, but the timeline in a settlement often reflects practical considerations too, such as whether the recipient spouse is expected to return to work, whether additional training is needed, and what is realistic based on age and health.
When alimony can change or end
A smart alimony plan includes the “what ifs,” because life changes.
Common issues that may affect alimony after divorce include:
- a significant change in income
- job loss or disability
- retirement
- remarriage
- cohabitation and financial interdependence with a new partner
Some forms of alimony are more flexible than others. This is another reason the category of alimony matters.
What to gather before you start alimony negotiations
Good alimony negotiations are built on documentation and a realistic budget. Before you begin, it helps to gather:
Income documentation
- the last three years of tax returns (including W-2s, 1099s, and K-1s if applicable)
- recent pay stubs and year-to-date earnings
- bonus or commission history and any plan documents
- for business owners: business tax returns and a current profit and loss statement
Expense picture
- a realistic monthly budget for each spouse
- housing costs, childcare costs, and insurance costs
- debt statements for major liabilities
Benefit and coverage details
- health insurance cost and expected changes after divorce
- retirement contributions and other employer benefits
When both sides have clear information, it is easier to reach a settlement that is workable long-term.
Bottom line
Alimony in Massachusetts is fact-specific. The amount and duration depend on income, employability, length of the marriage, and the practical realities of building two sustainable households after divorce. The best outcomes usually come from gathering financial information early and negotiating with a clear understanding of the framework and the family’s full financial picture.
Contact Mansur Law Group today at 978-575-8908 to schedule a confidential consultation.