Different kinds of alimony

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Massachusetts Law Reform Institute
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There are 4 different kinds of alimony. Each kind has rules about:

  • the length of marriage it applies to,
  • how long it can last,
  • what can end it, and
  • if it can be changed.
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How does “general term” alimony work?

“General term” alimony is for a spouse who needs alimony to meet their financial needs.

Examples

Alexa and George were married for 11 years and 8 months. They have 3 children. The children were 10, 7, and 4 when Alexa and George separated. Alexa has not worked outside the home since their first child was born. She provided almost all of the childcare and did almost all of the housework. When they divorced, the children lived with Alexa. She will continue to provide almost all of the childcare; she will be doing all of the housework. Alexa is economically dependent. The judge might order George to pay general term alimony to Alexa.

Peter and Gretel were married for 16 years. Peter has Parkinson’s Disease. He cannot work. Peter is economically dependent. The judge might order Gretel to pay Peter general term alimony.

Paulo and Frida were married for 13 years. Before they married, Frida was a home health aide. When they got married Frida agreed to quit her job and take care of Paulo’s aging parents who lived upstairs. The couple needed more money and when Frida told Paulo she should take on a few home health aide clients to help make ends meet, he got furious and gave Frida a concussion. Frida got a restraining order to make Paulo move out.

This was not the first time Paula hit Frida. After the restraining order, Frida still had to take care of Paulo’s parents, because Paulo refused. After the concussion she could not do home health care work anymore. When they got divorced Frida was 56. Frida is economically dependent. The judge might order Paulo to pay Frida general term alimony. Because of the abuse, the judge might order more alimony or alimony for a longer time, or both. See When can the judge “deviate” from the time or amount limits?

How long does a couple have to be married for the judge to order general term alimony?

The judge can order general term alimony in any length of marriage.

How long can general term alimony last?

The length of time general term alimony can last is called “duration.” The duration of the alimony depends on the length of the marriage.

  1. Marriage was 5 years or less: general term alimony can last for no longer than ½ the number of months of the marriage.
  2. Marriage was between 5 and 10 years: general term alimony can last for no longer than 60% of the number of months of the marriage.
  3. Marriage was between 10 and 15 years : general term alimony can last for no longer than 70% of the number of months of the marriage.
  4. Marriage between 15 and 20 20 years :, general term alimony can last for no longer than 80% of the number of months of the marriage.
  5. Marriage was longer than 20 years: general term alimony can last indefinitely.

Example

If the judge orders George to pay general term alimony to Alexa, it can last for no more than 98 months (6 years and 2 months). That is because they were married for 140 months, and 70% of 140 months is 98 months.

What can cause general term alimony to end?

General term alimony ends automatically if:

  • the spouse receiving the alimony remarries;
  • either spouse dies; or
  • the spouse paying alimony reaches “full retirement age.” Full retirement age is the age at which the payor is eligible for full Social Security retirement benefits.

General term alimony can be suspended, reduced, or ended if the payor spouse can show that the receiving spouse has “cohabitated” with another person. “Cohabitation” means keeping a common household" with another person continuously for 3 months. See General Laws, Chapter 208, section 49 (d).

Can general term alimony be changed?

If both of you agreed in writing that the alimony cannot be changed, usually the judge cannot change it.

The judge can only change general term alimony if there is no written agreement that says the alimony cannot be modified.

If you do not have an agreement that talks about changing the alimony, you need to show the judge there has been a “material change of circumstances.” The “material change of circumstances” has to happen after the alimony order.

“Material change of circumstances” means something very important in your situation has changed.

For example:

  • One spouse becomes disabled.
  • A person can no longer support themselves
  • A spouse lives with a new partner continuously for more than 3 months.

The judge can modify the duration or the amount of the alimony.

Modification of general term alimony can be permanent, indefinite, or for a specific duration.

The judge cannot change general term alimony just because the spouse who pays alimony remarries. The judge cannot count the new spouse’s income and assets.

If the spouse who gets general term or rehabilitative alimon remarries, the alimony ends.

For more details about general term alimony see General Laws, Chapter 208, section 49.

How does “rehabilitative” alimony work?

“Rehabilitative” alimony is to support a spouse who is expected to become economically self-sufficient by a predicted time.

Examples

Angela and Felix are getting divorced. Angela had knee surgery 6 months ago. She needs another 6 months to recover so she can go back to work. The judge might order Felix to pay Angela rehabilitative alimony for 6 months.

Eric and Donna are getting divorced. They were married for 10 years. They both worked. Donna is a music teacher. Eric is a plumber. A year and a half ago Eric lost his job. He is in a job training program. He has unemployment insurance but it is not enough to live on. He needs a year to finish his training. The judge might order Donna to pay Eric rehabilitative alimony for 1 year.

How long does a couple have to be married for the judge to order rehabilitative alimony?

The judge can order rehabilitative alimony for any length marriage.

How long can rehabilitative alimony last?

The judge can order rehabilitative alimony for up to 5 years.

What can cause rehabilitative alimony to end?

Rehabilitative alimony ends automatically if:

  • the spouse receiving the alimony remarries;
  • either spouse dies; or
  • a specific event happens.

Can rehabilitative alimony be changed?

The judge can extend or change the amount of a rehabilitative alimony order.

Extending the order

If you are going to ask the judge to change the order, you need to show “compelling circumstances.” “Compelling circumstances” are very good reasons.

The judge will consider how long you were married.

He or she can extend rehabilitative alimony if:

  1. something unexpected happens that stops the spouse who gets alimony from becoming self-supporting at the end of the rehabilitation period;
  2. the spouse who receives alimony has tried to become self-supporting; and
  3. the spouse who pays alimony is able to pay it and it is not too hard on them to do so.

Example

The judge ordered Felix to pay rehabilitative alimony for 6 months to give Angela time to recover from knee surgery. It turns out that full recovery will take her 2 years. The judge might order Felix to pay rehabilitative alimony to Angela for another year.

Changing the amount of the order

The judge can change the amount of the rehabilitative alimony payments if there has been a “material change of circumstances” during the rehabilitative period. “Material change of circumstances” means something very important in either spouse’s situation has changed. For example:

  • One of the spouses loses their job.
  • One of the spouses’ pay changes a lot.

The judge cannot change rehabilitative alimony just because the spouse who pays alimony remarries. The judge cannot count the new spouse’s income and assets.

Example

Donna has been paying Eric rehabilitative alimony for 6 months. The school cut Donna’s hours in half. The judge might order Donna to pay Eric less rehabilitative alimony for the last 6 months.

See the law: General Laws, Chapter 208, section 50.

How does “reimbursement” alimony work?

“Reimbursement” alimony is to pay one spouse back for the time, money, or effort he or she put into the other spouse’s financial resources.

Example

Nick and Hannah were married. They have 2 children. Nick took care of the children and household so Hannah could get job training. The judge might order Hannah to pay reimbursement alimony to Nick.

After Dan and May got married, May worked and supported both of them while Dan got his business started. May’s job only paid minimum wage. After 3½ years Dan filed for divorce. When they got divorced, Dan’s business was making a healthy profit. The judge might order Dan to pay reimbursement alimony to May.

How long does a couple have to be married for the judge to order reimbursement alimony?

The judge can order reimbursement alimony only when the length of the marriage is 5 years or less.

How long can reimbursement alimony last?

The judge can order reimbursement alimony for any length of time.

When does reimbursement alimony end?

Reimbursement alimony ends:

  • when the spouse who gets it dies, or
  • on the date the judge ordered it to end.

Can the judge change a reimbursement alimony order?

No.

Neither spouse is even allowed to ask the court to change reimbursement alimony.

For more details about reimbursement alimony see General Laws, Chapter 208, section 51.

How does “transitional” alimony work?

“Transitional” alimony is to help a spouse get used to life after a divorce. It is to help the spouse who gets alimony move on to changes in lifestyle or location.

Examples

Vicky and Tom are getting divorced. Vicky is keeping their apartment and furnishings. Tom has to get his own apartment. He also needs furniture and appliances. The judge might order Vicky to pay Tom enough transitional alimony to get the things he needs.

Zoe and Andrea are getting divorced. They used to go to work together. Now Zoe commutes by herself. The judge might order Andrea to pay Zoe transitional alimony to pay for her commute for a year.

How long does a couple have to be married for the judge to order transitional alimony?

The judge can order transitional alimony only where the length of the marriage is 5 years or less.

How long can transitional alimony last?

The judge can order transitional alimony for up to 3 years.

What does transitional alimony end?

Transitional alimony ends:

  • when the spouse who gets it dies, or
  • on the date the judge ordered it to end.

Can transitional alimony be changed?

No.

The judge cannot modify, extend, or replace transitional alimony with another kind of alimony

For more details about transitional alimony see General Laws, Chapter 208, section 52.

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