Massachusetts laws
MGL c.208, §§ 48-55 Alimony reform laws
MGL c.208, § 49(b) Length of general term alimony
| Length of marriage | Length of general term alimony |
|---|---|
| up to 5 years | No more than 1/2 the number of months of the marriage |
| 5 up to 10 years | No more than 60% of the number of months of the marriage |
| 10 up to 15 years | No more than 70% of the number of months of the marriage |
| 15 up to 20 years | No more than 80% of the number of months of the marriage |
| 20 or more years | Indefinite |
MGL c.208, § 49(d) Cohabitation and alimony
General term alimony shall be suspended, reduced or terminated upon the cohabitation of the recipient spouse ... for a continuous period of at least 3 months.
MGL c.208, § 53(b) Amount of alimony
...the amount of alimony should generally not exceed the recipient's need or 30 to 35% of the difference between the parties' gross incomes established at the time of the order being issued.
MGL c.208 Includes other sections which deal with such things as modification, enforcement, assignments in lieu of alimony
Federal laws
P.L.115-97, § 11051 Tax Cuts and Jobs Act of 2017
Repeal of deduction for alimony payments. For a divorce or separation agreement executed after December 31, 2018, or executed before that date but modified after, alimony is no longer deductible by the paying spouse or counted as income for the receiving spouse for federal tax purposes. This is also the treatment for Massachusetts tax purposes, for tax returns filed for the 2022 tax year and thereafter. For Massachusetts tax returns for tax years prior to 2022, alimony and separate maintenance payments were deductible by the paying spouse and had to be included in the gross income of the receiving spouse. See Alimony, Mass. Dept. of Revenue below.
10 USC § 1408 Payment of retired or retainer pay (military) in compliance with court orders
Selected cases
Web sources
Alimony, Mass. Legal Help, September 2021.
In plain language, explains alimony law in Massachusetts, including an introduction to alimony, the four different types of alimony, and answers to common questions. Includes links to forms.
FAQs about divorce, Alan Pransky, 2016.
This site includes everything you every wanted to know about divorce, alimony, child support and child custody, but were afraid to ask. It includes answers to questions like: Can I get alimony?; Can men receive alimony?; What is spousal support?; How will a court determine how much alimony to award to a party?; What is rehabilitative alimony?; What is reimbursement alimony?; What is transitional alimony? and much more.
How the court decides on alimony, Mass. Probate and Family Court.
Learn about the criteria judges may use to decide whether and how much alimony to award.
Learn about the types of alimony, Mass. Probate and Family Court.
There are 4 different types of alimony. Find out who can ask for alimony, what the different types of alimony are, and how long alimony lasts.
Pitfalls of the new Massachusetts alimony law - recomputation and alimony fixed as child support, David H. Lee
Explains in some detail (with drafting suggestions) "two provisions of the Code which can impact that assumed income tax treatment: Recomputation and Alimony Being Fixed as Child Support."
Request to change your alimony, Mass. Probate and Family Court.
Find out if you are eligible and how to request to change your alimony.
Print sources
Deeley, Megan. “Splitting the difference: the historical context and practical ramifications of the 2012 Massachusetts alimony reform." Massachusetts Family Law Journal vol. 30 Issue 2. (April 2012, entire issue, 15 pages.)
Family law and practice, 4th ed., Mass. practice v.1-3, Thomson Reuters, 2013 with supplements. Chapter 53: Alimony.
Financial aspects of divorce in Massachusetts, 1st Edition, 2016, MCLE, loose-leaf.
Includes chapters on alimony, sources of income, division of property and retirement assets among other relevant topics.
“Impact of cohabitation under Alimony Reform Act” by Maureen McBrien, Massachusetts Lawyers Weekly, April 30, 2012. (40 MLW 1500)
This article reviews the conditions under which alimony may be suspended, reduced or terminated.
Lexis Nexis Practice Guide. Massachusetts Family Law, annual, Chapter 5: Alimony: This chapter provides an overview of the alimony laws in Massachusetts including determination of the amount of alimony, the type of alimony, and modifying, terminating or reducing alimony. The chapter also includes relevant case law.
Massachusetts divorce law practice manual, MCLE, 2019 loose-leaf, chapter 9, Alimony.
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| Last updated: | May 22, 2023 |
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