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Alimony basics

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Massachusetts Law Reform Institute
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“Alimony” is money a judge orders one spouse to pay the other when a couple gets divorced. The money is to support the spouse who gets it.

  • Who filed for divorce does not matter. The judge can order alimony for either spouse.
  • A judge can only order alimony if a spouse has the ability to pay it.
  • A judge can only order alimony if the other spouse needs support.
  • The spouse who pays alimony is the “payor” spouse.
  • The spouse who receives alimony is the “recipient” spouse.
  • The judge can order the spouse to pay alimony all at once or periodically, like weekly or monthly.
  • If you were married 20 years or less, the judge must decide how long alimony must be paid.
  • If you were married more than 20 years, alimony can be for an indefinite length of time.
  • The length of time depends on the kind of alimony the judge orders.

Important


Alimony is complicated. Try to talk to a lawyer.

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How are alimony and child support different?

Alimony is not child support.

Child support is money one parent pays the other when parents do not live together. The money is to help pay for your children's needs. Massachusetts laws say both parents must support their children. The Massachusetts Child Support Guidelines say how much child support a parent must pay and for how long. The parents do not have to be married to each other.

A judge can only order alimony when a couple gets divorced. Alimony is to support one spouse. Massachusetts laws say how much alimony a spouse must pay and for how long.

What are the different kinds of alimony?

There are 4 kinds of alimony:

  1. “General term” alimony is for a spouse who needs alimony to meet their financial needs.
  2. “Rehabilitative” alimony is to support a spouse until they can support themselves financially.
  3. “Reimbursement” alimony is to pay a spouse back for contributing to the financial well-being of the payor spouse.
  4. “Transitional” alimony is to help a spouse adjust to a lifestyle that divorce has changed.

Each kind of alimony has different rules about:

  • the “length of the marriage” it applies to,
  • how long the alimony can last,
  • how to calculate the amount of alimony,
  • if the alimony order can be changed, and
  • what can end the alimony.

Learn more about the different kinds of alimony.

Do I pay taxes on alimony?

Federal Taxes

If you have an order from before January 1, 2019 the person who receives alimony counts it as income on their federal taxes. The person who pays alimony deducts it from their federal taxes.

If you have an order from January 1, 2019 or later, the person who receives alimony does not count it as income on their federal taxes. The person who pays the alimony cannot deduct it from their federal taxes.

State Taxes

If you have an order from before January 1, 2022 the person who receives alimony counts it as income on their Massachusetts taxes. The person who pays alimony deducts it from their Massachusetts taxes.

If you have an order from January 1, 2022 or later, the person who receives alimony does not count it as income on their Massachusetts taxes. The person who pays the alimony cannot deduct it from their Massachusetts taxes.

What if I need alimony while my divorce case is going on?

If you need alimony while your divorce case is going on, you can file a motion for temporary alimony.

Can alimony be changed?

Some kinds of alimony orders cannot be changed. Reimbursement alimony and transitional alimony cannot be changed.

You need to show there has been a “material change of circumstances” or “compelling circumstances” to change rehabilitative alimony.

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

Changing an alimony order or written agreement about alimony made before March 1, 2012 depends on the order or agreement. If you are not sure if your alimony from before March 1, 2012 can be changed, talk to a lawyer.

Can alimony be ended?

All alimony orders end if the spouse that gets the alimony dies.

Alimony orders end when the payor reaches retirement age (Social Security full retirement age). If the payor still has the ability to pay and the person getting alimony still needs it, they can file a Complaint for Modification to continue alimony.

You cannot get the end date changed for reimbursement or transitional alimony orders.

You need to show there has been a “material change of circumstances” or “compelling circumstances” to change rehabilitative alimony.

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

Can I ask for alimony after my divorce is final?

If the judge did not order alimony when you divorced, you may be able to go back to court later to ask for alimony. But if you have a divorce agreement, it might say you cannot go to court later. Talk to a lawyer.

What if my alimony order was from before March 2012?

The alimony laws changed on March 1, 2012. Alimony orders and written agreements about alimony made before March 1, 2012 remain in effect.

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