In Massachusetts, alimony is a court-ordered financial support that one spouse pays to the other after a divorce. It’s meant to help the lower-earning spouse maintain a similar standard of living after the marriage ends. Life changes, and sometimes alimony needs to be modified or even terminated. If you are paying or receiving alimony, it’s important to understand when this might be possible.
When Can Alimony Be Modified in Massachusetts?
Alimony in Massachusetts isn’t set in stone. It can be modified if there is a significant change in circumstances for either spouse. These changes must be substantial and permanent, affecting the original alimony agreement. Common reasons for a modification include:
- Change in Income: A significant increase or decrease in either spouse’s income can affect the ability to pay or the need to receive alimony. For example, if the paying spouse loses their job or has a substantial pay cut, they may request a reduction in alimony. On the other hand, if the recipient spouse’s financial needs increase significantly, they could ask for more support.
- Remarriage or Cohabitation: If the spouse receiving alimony gets remarried or starts living with a new partner, alimony may be modified or even terminated. Massachusetts law generally holds that alimony payments can stop if the recipient enters into a new marriage or a long-term cohabiting relationship, unless otherwise specified in the divorce agreement.
- Retirement: If the paying spouse retires and their income is reduced, they may seek a modification to lower the alimony payments. However, the court will consider factors like the age of the paying spouse, their health, and whether they are retiring voluntarily or due to health reasons.
- Health Problems: If either spouse experiences a significant change in their health, it may affect the ability to pay or receive alimony. A serious illness or disability can justify a modification if it impacts the financial circumstances of one spouse.
To request a modification, the spouse seeking the change must file a motion with the court, providing evidence of the change in circumstances. The court will then decide whether a modification is warranted based on the facts presented.
When Can Alimony Be Terminated?
Alimony can also be terminated under certain circumstances. These include:
- The Death of Either Spouse: If either the paying spouse or the recipient spouse passes away, alimony payments typically stop.
- Remarriage of the Recipient: As mentioned, if the spouse receiving alimony remarries, the obligation to continue paying alimony usually ends. The same applies if the recipient begins cohabiting in a way that resembles a marriage, although this may require evidence in court.
- Completion of the Alimony Term: Massachusetts law sets a guideline for how long alimony can be paid. The duration depends on the length of the marriage. For example, if a couple was married for less than 20 years, alimony typically lasts for a period equal to one-third of the length of the marriage. In marriages lasting more than 20 years, alimony may continue indefinitely unless there is a substantial change in circumstances or a court ruling.
- Self-Sufficiency of the Recipient: If the spouse receiving alimony becomes self-sufficient, alimony payments may be terminated. This is often based on the recipient’s ability to support themselves through employment or other means.
- Significant Cohabitation of the Recipient: If the person receiving alimony begins living with a new partner in a romantic or long-term relationship, it may be grounds for terminating alimony. However, this isn’t automatic, and the paying spouse must request the court to terminate it.
Conclusion
Alimony in Massachusetts is not permanent, and there are several circumstances that can lead to either modification or termination. If you are paying or receiving alimony, it’s essential to understand the conditions under which alimony may change. If you’re considering a modification or termination, it’s a good idea to consult with a family law attorney to understand your rights and options. An experienced lawyer can guide you through the process and help you achieve a fair and reasonable resolution.
