Amount and Duration of Alimony in Massachusetts
Massachusetts alimony should generally not exceed the recipient’s need or 30 to 35 percent of the difference in gross incomes, and general term alimony for marriages of 20 years or less is limited to 50% to 80% of the months of the marriage, with deviations on written findings.
The amount
Except for reimbursement alimony or circumstances warranting deviation, the amount should generally not exceed the recipient’s need or 30 to 35 percent of the difference between the parties’ gross incomes at the time of the order. Income is defined as in the child support guidelines, but the court excludes capital gains, dividends and interest on assets divided under § 34, and income already considered for child support (M.G.L. c. 208, § 53(b) and (c)).
The factors
In choosing the form, amount and duration, the court considers the length of the marriage, the parties’ ages and health, their income, employment and employability (including through reasonable diligence and training), economic and noneconomic contributions, the marital lifestyle, each party’s ability to maintain it, lost economic opportunity because of the marriage and any other relevant factor (§ 53(a)).
Durational limits for general term alimony
Unless the court makes a written finding that justice requires otherwise, general term alimony for a marriage of 20 years or less ends by a date certain (§ 49(b)):
| Length of the marriage | Maximum term |
|---|---|
| 5 years or less | No more than 50% of the months of the marriage |
| More than 5, up to 10 years | No more than 60% |
| More than 10, up to 15 years | No more than 70% |
| More than 15, up to 20 years | No more than 80% |
| More than 20 years | The court may order alimony for an indefinite length of time |
A 12-year marriage is 144 months, so general term alimony is limited to 100.8 months, about 8 years and 5 months.
Deviations
The court may deviate from the amount and duration limits on written findings, for example advanced age or illness, tax considerations, who pays health insurance, the cost of life insurance, unearned income from assets not divided in the divorce, long premarital cohabitation or a long separation, abuse, or a party’s deficiency of property or employment opportunity (§ 53(e)).
Child support and alimony together
When child support is also at issue, the Supreme Judicial Court has said the judge must calculate alimony first and then child support on post-alimony incomes, calculate child support first and then alimony, compare the results and fashion the most equitable order. The combined duration of alimony and child support is limited by § 53(g).
Questions for the negotiation
Decide the amount, the end date and whether to ask for a deviation, because the statute allows deviations only on written findings.
Imputed income
The court may attribute income to a party who is unemployed or underemployed (§ 53(f)). Evidence of employability matters.
Frequently asked questions
What is the Massachusetts alimony guideline?
The amount should generally not exceed the recipient's need or 30 to 35 percent of the difference between the parties' gross incomes at the time of the order.
How long can general term alimony last in Massachusetts?
For a marriage of 20 years or less, 50% to 80% of the months of the marriage, depending on its length; for longer marriages, possibly indefinitely.
Can a Massachusetts court go beyond the alimony limits?
Yes, on written findings that deviation is necessary, such as advanced age, illness or tax considerations.
Is alimony taxable in Massachusetts?
Tax consequences are a deviation factor; ask a tax professional how the current federal and state rules apply to your order.
Which income counts for Massachusetts alimony?
Income as defined in the child support guidelines, excluding income used for child support and capital gains, dividends and interest from assets divided under section 34.
Official sources
- M.G.L. c. 208, § 48: definitions
- M.G.L. c. 208, § 49: general term alimony
- M.G.L. c. 208, § 50: rehabilitative alimony
- M.G.L. c. 208, § 51: reimbursement alimony
- M.G.L. c. 208, § 52: transitional alimony
- M.G.L. c. 208, § 53: form, amount and duration
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Massachusetts statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Massachusetts attorney.