Divorce

Alimony is financial support paid by, or to, your spouse. In Massachusetts, a judge can order alimony while the divorce action is pending and later as part of the final decree. 

As part of the final divorce decree, the judge can order one of three types of alimony:

1. Transitional alimony can last up to three years, and it ends:
   
   1. on a certain date included in the order, and it cannot be extended;
   2. upon the remarriage of the person who is getting alimony; or
   3. upon the death of either spouse;¹
2. Rehabilitative alimony can last up to five years, and it ends:
   
   1. when a specific event takes place, and it can be extended under certain circumstances;
   2. upon the remarriage of the person getting alimony; or
   3. upon the death of either spouse;²
3. General term alimony can last for different amounts of time, depending on the length of the marriage. General alimony ends upon the recipient’s remarriage or either spouse’s death. It can be suspended, reduced, or ended (terminated) if the spouse who gets alimony begins living with an intimate partner (“cohabiting” ) for more than three months.³

In determining which of the three types of alimony to order, the amount of alimony, and the length of alimony, the judge will consider:

1. the length of the marriage;
2. the age of the parties;
3. the health of the parties;
4. the income, employment, and employability of both parties, including employability through additional training, if necessary;
5. the economic and non-economic contribution of both parties to the marriage;
6. the marital lifestyle;
7. the ability of each party to keep (maintain) the marital lifestyle;
8. any lost economic opportunity as a result of the marriage; and
9. such other factors as the judge considers relevant and important (material).⁴

As part of, or in addition to, any alimony that the judge orders, the judge can also give to either spouse all or any part of the other spouse’s estate, including things such as property, retirement benefits, a pension, and insurance. Also, if alimony is ordered in your favor, the judge will consider whether your spouse has health insurance or health coverage through an employer or organization that could cover you. If your spouse does, the judge can order your spouse to do one of the following:

• use the option of additional coverage to cover you;
• get coverage for you; or
• reimburse you for the cost of health insurance.⁵

Your alimony will not decrease due to your spouse covering your health insurance.⁵

¹ M.G.L. 208 § 52
² M.G.L 208 § 50
³ M.G.L 208 § 49
⁴ M.G.L 208 § 53
⁵ M.G.L 208 § 34