Middlesex County Alimony Lawyer

When a couple is married, they establish a certain financial standard of living. That said, after a divorce, that standard of living will naturally be subject to change. However, courts in Massachusetts recognize that this change can bring about significant financial uncertainty for the financially dependent spouse, which is why they will often award that spouse alimony. Importantly, if you’re going through the divorce process, you need a knowledgeable Middlesex County divorce lawyer who can effectively advocate for your interests, whether you’re being asked to pay or are looking to receive alimony. Contact Mark Liam Gannon, Attorney at Law for your initial consultation today.

Types of Alimony in Massachusetts

Under the 2012 Massachusetts Alimony Reform Act, there are four distinct types of alimony that may be awarded depending on the unique circumstances of the divorcing couple. Understanding the differences between these types is key when entering alimony negotiations or litigation. The four types of alimony available in Massachusetts are as follows:

• General Term Alimony: This is the most common type, typically awarded when one spouse is financially dependent on the other. The duration of general term alimony is often based on the length of the marriage, with longer marriages resulting in longer alimony periods.
• Rehabilitative Alimony: This form of alimony is intended to support a recipient spouse for a limited time until they become financially self-sufficient. It’s commonly awarded when a spouse is expected to re-enter the workforce or complete educational or training programs.
• Reimbursement Alimony: Awarded in short-term marriages (generally under five years), reimbursement alimony compensates a spouse who made financial or non-financial contributions (such as supporting the other spouse through school or training) during the marriage.
• Transitional Alimony: Also limited to marriages of five years or less, this type helps the lower-earning spouse adjust to a new lifestyle or relocate after the divorce. It is not modifiable and cannot be extended.

Each type of alimony has its own eligibility requirements, duration limits, and conditions for termination or modification, which is why hiring an experienced alimony lawyer is so critical in these matters.

How Do Courts Determine Alimony in MA?

When determining whether to award alimony, and if so, how much and for how long, Massachusetts courts consider a variety of statutory factors designed to ensure fairness to both parties. These factors are as follows:

• Length of the marriage: Longer marriages tend to support longer or more substantial alimony awards.
• Age and health of both spouses: Courts will consider each spouse’s physical and emotional condition when determining ability to pay or need for support.
• Income, employment, and employability: The court will review each party’s current income and future earning potential, including education, skills, and experience.
• Economic and non-economic contributions to the marriage: This includes financial input as well as homemaking, childcare, and supporting a spouse’s career or education.
• Marital lifestyle: Courts aim to allow the recipient spouse to maintain a lifestyle reasonably comparable to that enjoyed during the marriage, when possible.
• Lost economic opportunity due to the marriage: If one spouse gave up education or career opportunities to support the other or the family, this will factor into the decision.
• Other relevant factors: The judge has discretion to weigh any other circumstances they believe are just and proper.

It’s important to note that unlike child support, there’s no fixed formula for alimony in Massachusetts, meaning strong legal advocacy can significantly impact the outcome.

Modifying an Alimony Agreement in MA

Life is unpredictable, and what made sense at the time of divorce may no longer be fair or feasible years down the line. Massachusetts law allows for the modification or termination of alimony under certain circumstances, including the following:

• A significant change in the financial circumstances of either spouse
• Loss of employment or a substantial drop in income
• Serious illness or disability affecting either party’s ability to pay or need for support
• The remarriage of the recipient spouse (automatically terminates most alimony)
• Cohabitation of the recipient spouse with a new partner for a continuous period of at least three months
• The paying spouse reaching full retirement age as defined by Social Security
• An agreement or judgment that includes a built-in modification or review date
• Mutual agreement of both parties to modify the existing arrangement

Whether you’re seeking a change or contesting one, it’s essential to work with an attorney who understands how to move through the modification process effectively.

Enforcing Alimony Agreements

Unfortunately, there are times when one party fails to comply with a court-ordered alimony obligation. Whether payments are being made late, inconsistently, or not at all, enforcement may be necessary to ensure the recipient receives the support they are entitled to under the law. Common reasons for seeking enforcement include the following:

• The paying spouse willfully refusing to make required payments
• Chronic late payments or underpayments
• Attempts to hide or misrepresent income or assets
• Unilateral decisions to reduce or stop payments without court approval

If a former spouse is violating the terms of an alimony order, the court can take action. This may include the following:

• Issuing a Contempt Complaint, requiring the paying spouse to appear in court and explain their noncompliance
• Ordering wage garnishment or direct payment through the Department of Revenue
• Awarding interest or penalties on unpaid alimony
• Ordering the noncompliant party to pay the recipient’s attorney’s fees and court costs
• In serious cases, imposing fines or even jail time for continued contempt of court

If you’re facing issues with alimony enforcement, timely legal action can help protect your rights and ensure accountability.

Contact a Massachusetts Alimony Lawyer Today

Here at Mark Liam Gannon, Attorney at Law, we are dedicated to helping our clients start out the next chapter of their lives on the right foot. If you’re currently seeking alimony, are being asked to pay it, or require assistance with any other family law matter, please don’t hesitate to contact a knowledgeable and skilled Middlesex County, Massachusetts family lawyer from our firm today.