| Alimony/Maintenance/Spousal Support
in a Massachusetts Divorce
Alimony is payment made by one party to the other after
the divorce, either by court order or by mutual agreement. This type of
post-divorce payment is also sometimes referred to as maintenance.
Under Massachusetts law, married people are financially
responsible for each other — the husband has a duty to support his wife,
and the wife has a duty to support her husband. This duty lasts until the
final Decree in Divorce is granted. It doesn't stop simply because the
couple separates. Once the parties file for divorce, they must wait at
least one year before the final Decree in Divorce is granted. During this
period, an agreement on support payments may be appropriate if the parties
are separated.
In Massachusetts, either spouse may be awarded alimony,
without regard to fault, based on the following factors.
| (1) |
|
the income and property of the
spouses, including any marital property divided as a result of
dissolution of the marriage; |
| (2) |
|
any transfer of property made in
anticipation of the divorce; |
| (3) |
|
the duration of the marriage; |
| (4) |
|
the wasteful dissipation of marital
property; |
| (5) |
|
the contribution of each spouse to
the marriage and the career of the other spouse, including services
rendered in homemaking, child care, education, and career building
of the other spouse; |
| (6) |
|
the tax consequences to each spouse; |
| (7) |
|
any custodial and child support
responsibilities; |
| (8) |
|
the ability of the spouse seeking
support to become self-supporting and the time and training
necessary; |
| (9) |
|
any reduced lifetime earning capacity
as the result of having foregone or delayed education, training,
employment, or career opportunities during the marriage; |
| (10) |
|
whether the spouse from whom
maintenance is sought has sufficient property and income to provide
maintenance for the other spouse; and |
| (11) |
|
any other factor the court deems just
and equitable. |
|
