Alimony

Massachusetts law provides that spousal support or “alimony” may be granted to either spouse in connection with a proceeding for marital dissolution or legal separation. The law governing alimony is complex and evolving as a result of the passage of the Alimony Reform Act and decisional law interpreting it. Whether you are seeking alimony or you have been requested to pay spousal support, it is in your best interest to seek the guidance of experienced counsel. At Tracey, Roman & Ramos, PC, we advise our family law clients and diligently work to ensure that your legal rights are protected and that any order or agreement for alimony is fair, equitable, and an adequate reflection of the specific needs of your matter.

An order for alimony may provide a spouse with temporary financial assistance during a divorce or separate support proceeding. In Massachusetts, alimony may also be ordered to be paid to a spouse for a specific length of time after the marriage has been dissolved and, in some cases, an order for support may be permanent.

Alimony may be ordered by the court only after consideration of all statutorily enumerated factors, including:

• The length of the marriage
• The age and health of each spouse
• Each party’s source(s) of income
• Each spouse’s employment
• Each spouse’s employability and ability to be self-supporting through reasonable
• diligence and additional training, if necessary
• The contribution of each party to domestic duties
• The economic contribution of each party to the marriage
• The marital lifestyle established during the marriage
• The ability of each party to maintain the marital lifestyle
• The lost economic opportunity as a result of the marriage
• Such other factors as the court considers relevant and material

Once ordered, the amount of alimony payable and the duration of payment may only be modified upon a showing of a change in circumstances. Massachusetts law establishes provides that if the spouse receiving support maintains a common household with another, that spouse’s need for support may be suspended, terminated or reduced. This depends on the evidence in light of the factors enumerated in the alimony statute. 

This is one example of a change in circumstances. The law also provides that unless otherwise agreed upon, an order for alimony terminates upon the death of either party or remarriage of the party receiving support. However, if the parties specifically agree that an order for alimony is not subject to modification or termination, the amount payable may almost never be modified regardless of changed circumstances. 

Given the variations in the law and the numerous factors affecting the amount of alimony payable from one party to the other, it is essential that you receive sound legal advice, whether you are the party paying support or the party receiving support. If litigation is in your best interest, we meticulously discover and document all relevant factors and aggressively advocate on your behalf to ensure that the court’s order of support is fair and just.

At the Tracey, Roman & Ramos, PC, we work diligently to negotiate, litigate, draft, and implement alimony orders that meet the needs of our clients without sacrificing valuable rights. Whether your matter requires a simple amicable agreement or consideration of highly complicated financial assets, we offer considerable experience in achieving favorable alimony terms for our clients.

We also assist clients who seek modification of an existing support order due to a change in circumstances and we can assist you in enforcing an existing order for alimony.