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Alimony Fact Sheet

This document provides information about different types of alimony: general term alimony, rehabilitative alimony, reimbursement alimony, and transitional alimony. It defines each type and outlines how long each lasts, circumstances for termination, and ability to modify. It also discusses factors courts consider in determining the form, amount and duration of alimony awards and provisions regarding child support, modifications, security for payments, and attribution of income.

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2K views3 pages

Alimony Fact Sheet

This document provides information about different types of alimony: general term alimony, rehabilitative alimony, reimbursement alimony, and transitional alimony. It defines each type and outlines how long each lasts, circumstances for termination, and ability to modify. It also discusses factors courts consider in determining the form, amount and duration of alimony awards and provisions regarding child support, modifications, security for payments, and attribution of income.

Uploaded by

MassLive
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd

Alimony Fact Sheet

General Term Alimony (the periodic payment of support to a recipient


spouse who is economically dependent.)
• Terminates at remarriage or death of either spouse,
• Retirement Age: terminates alimony. The ability of payor to
work beyond age is not a reason to extend alimony unless good
cause shown
• Duration of General Term Alimony payment depends on
duration of marriage:
-5 years or less: ½ the number of months of marriage
-more than 5 years, less than 10: 60-% of number of months of
the marriage
-more than 10 years, less than 15: 70% of number of months of
the marriage
-more than 15 years, less than 20: 80% of number of months of
the marriage
-longer than 20 years: court’s discretion
• Cohabitation: alimony is suspended, reduced or terminated but
may be reinstated upon termination of common household
relationship.
-definition of cohabitation; maintain a common household.
Common household shown by
1. oral or written statements or representations to
third parties regarding relationships
2. economic interdependence or dependence of one
party
3. engaging in conduct or collaboration furthering
life together
4. benefit to both parties
5. community reputation of parties as couple
6. other relevant and material factor

Rehabilitative Alimony (periodic payment of support to a recipient spouse


who is expected to become economically self-sufficient by a predicted
time, such as, without limitation, reemployment; completion of job
training; or receipt of a sum due from the payor spouse pursuant to a
judgment)
• Terminates upon remarriage of
recipient, death of either spouse
• Lasts for no more than 5 years
• May be Extended on complaint for
modification because of 1) unforeseen events prevent spouse
from being self-supporting at end of term, and 2) recipient spouse
endeavored to become self-supporting and
3) payor has ability to pay with no undue burden.

Reimbursement Alimony (the periodic or one-time payment of support to


a recipient spouse after a marriage of not more than five years and for
the purpose of compensating the recipient for economic or non-
economic contribution to the financial resources of the payor spouse,
such as enabling the payor spouse to complete an education or job
training.)
• Terminates upon death or recipient or date certain
• No modification

Transitional Alimony (the periodic or one-time payment of support to a


recipient spouse after a marriage of not more than five years and for
the purpose of transitioning the recipient to an adjusted lifestyle or
location as a result of the divorce.)
• Terminates at death of recipient spouse or date certain (no longer than 3 years
from date of divorce)
• No modification, extension and may not be replaced by another form of
alimony

Setting form, amount and duration of alimony:

Court considers:
• the length of the marriage;
• age of the parties;
• health of the parties;
• both parties’ income, employment and employability
• economic and non-economic contribution to the marriage;
• marital lifestyle;
• ability of each party to maintain the marital lifestyle;
• lost economic opportunity as a result of the marriage.

Amount of alimony: (does not apply to reimbursement alimony)


• shall not exceed the recipient’s need or 30-35% of the differences between the
parties gross incomes
• does not include:
• 1) capital gain income, dividend and interest income from assets that were
equitably divided between spouses
• 2) gross income which the court already considered for child support order

Deviation: Reasons for deviation


• Advanced age; chronic illness; or unusual health circumstances of
either party;
• Tax considerations
• Whether the payor spouse is paying for health insurance for the
recipient spouse;
• Whether the payor spouse is paying for life insurance for recipient
spouse
• Sources and amounts of unearned income, including capital gains,
interest and dividends, annuity and investment income from
assets that were not allocated in the parties divorce;
• Significant premarital cohabitation
• A party’s inability to provide for his or her own support by reason
of physical or mental abuse by the payor;
• A party’s inability to provide for his or her own support

Attribute income:
• The court may attribute income to a party who is unemployed or
underemployed

Child Support and Alimony:


• Combined duration of alimony and child support cannot exceed alimony duration at
time of divorce or rehabilitative alimony commencing upon termination of child
support

Modifications:
• Passing this law is not a material change of circumstance except if existing alimony
judgments exceed the durational limits outlined above
• Enactment of this law does not provide the right to modify a judgment that the
parties agreed was not modifiable
• A payor’s new spouse’s income or assets shall not be considered in any
modification
• Income from another job or overtime shall not be considered

Security:
• Court may require security for alimony payments in event of payor’s death
• An order to maintain life insurance, as security for alimony payment shall be based
on age and insurability of the payor; cost of insurance; amount of
the judgment; policies carried during the marriage; duration of
the alimony order; prevailing interest rates at the time of the
order; other obligations of the payor.

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