The judge can make an alimony order that is different from the limits. The judge must decide that a different order is necessary. He or she must write the reasons for the differences into the order. The judge can order a different amount, a different time, or both, for the following reasons:
- either of you is very old, chronically ill, or has an unusual health condition;
- the amount of taxes either of you pays;
- the payor spouse is providing health insurance for the other spouse;
- the payor spouse was ordered to get life insurance and make the other spouse the beneficiary;
- there is unearned income, like interest, dividends, or capital gains from assets that were not divided up in the divorce;
- the 2 of you lived together as an “economic partnership” before the marriage;
- the 2 of you were separated for a long time before the divorce;
- the payor spouse physically or mentally abused the other spouse so that he or she cannot support himself or herself; and
- a spouse cannot support herself or himself because she or he does not have
- property,
- the skills, services, or other help he or she needs, or
- employment opportunities.
The judge can also deviate from the limits for any other reason that he or she decides is “relevant and material” as well as necessary.
See General Laws Chapter 208, section 53 (e).