Massachusetts's rule on alimony turns on a feature the national template does not capture: Massachusetts calls it alimony. General term alimony is generally capped at 30%–35% of the difference in the parties’ gross incomes arising from the marriage, subject to statutory exclusions and deviations. Forms include General term, rehabilitative, reimbursement, and transitional alimony.. The controlling authority is Mass. Gen. Laws c. 208, §§ 48–55 (Alimony Reform Act). Duration: General term duration is capped by marriage-length formulas (e.g., percentages of marriage length for marriages under 20 years), with different rules for marriages of 20 years or more. Termination: Death, remarriage, or cohabitation as defined by statute; reaching full Social Security retirement age for general term alimony in many cases.
Key takeaways
- Massachusetts uses the term alimony under Mass. Gen. Laws c. 208, §§ 48–55 (Alimony Reform Act).
- Amount/duration guidance includes a formula or guideline component. General term alimony is generally capped at 30%–35% of the difference in the parties’ gross incomes arising from the marriage, subject to statutory exclusions and deviations.
- Common forms include: General term, rehabilitative, reimbursement, and transitional alimony.
- Duration framework: General term duration is capped by marriage-length formulas (e.g., percentages of marriage length for marriages under 20 years), with different rules for marriages of 20 years or more.
- Permanent / indefinite support: Limited. For marriages of 20 years or longer, alimony may be indefinite, but still subject to modification and statutory termination events.
- Companion child-support guide: Massachusetts child support guidelines.
Worked example under Massachusetts law
The illustration below uses only rules already stated for Massachusetts. It is a research hypothetical, not a prediction of what a court will do.
One spouse asks a Massachusetts court for alimony after a divorce filing.
- Use the label and statute Massachusetts actually uses: alimony under Mass. Gen. Laws c. 208, §§ 48–55 (Alimony Reform Act).
- Apply the formula or guideline: General term alimony is generally capped at 30%–35% of the difference in the parties’ gross incomes arising from the marriage, subject to statutory exclusions and deviations.
- Set duration from Massachusetts rules: General term duration is capped by marriage-length formulas (e.g., percentages of marriage length for marriages under 20 years), with different rules for marriages of 20 years or more.
- Identify what ends the award: Death, remarriage, or cohabitation as defined by statute; reaching full Social Security retirement age for general term alimony in many cases.
Limited. For marriages of 20 years or longer, alimony may be indefinite, but still subject to modification and statutory termination events. Fault: Conduct is generally secondary; economic factors dominate under the Reform Act. TCJA changed federal deductibility for post-2018 instruments; Massachusetts alimony calculations and deviations should be reviewed in light of nontaxable treatment.
What alimony is (and is not)
Alimony is court-ordered support from one spouse to the other after separation or divorce. It is separate from child support (see Mass. Child Support Guidelines; Mass. Gen. Laws c. 208, § 28) and from property division. A single judgment may include all three, but each has its own legal tests.
No spouse is automatically entitled to alimony. Courts typically ask whether one party has a genuine need and whether the other has the ability to pay, then apply Massachusetts's statutory framework.
Eligibility and statutory factors
General term alimony is generally capped at 30%–35% of the difference in the parties’ gross incomes arising from the marriage, subject to statutory exclusions and deviations.
Fault. Conduct is generally secondary; economic factors dominate under the Reform Act.
Document income, earning capacity, health, length of marriage, contributions as homemaker or to the other spouse's career, and the marital standard of living. Those facts drive both temporary (pendente lite) and final awards.
Types of alimony in Massachusetts
General term, rehabilitative, reimbursement, and transitional alimony.
Labeling matters. Rehabilitative awards usually require a plan (schooling, retraining, re-entry to the workforce). Durational or term awards run for a fixed period. Lump-sum or reimbursement awards may be non-modifiable depending on the judgment language and statute.
How amount is set
Because Massachusetts uses a formula or guideline overlay, start with that math, then test it against need, ability to pay, and any statutory caps. General term alimony is generally capped at 30%–35% of the difference in the parties’ gross incomes arising from the marriage, subject to statutory exclusions and deviations.
Temporary support while a divorce is pending often follows different local practices or guidelines than the final award. Confirm what your county or division actually uses.
How long alimony lasts
General term duration is capped by marriage-length formulas (e.g., percentages of marriage length for marriages under 20 years), with different rules for marriages of 20 years or more.
Permanent / indefinite support. Limited. For marriages of 20 years or longer, alimony may be indefinite, but still subject to modification and statutory termination events.
When alimony ends or can be changed
Death, remarriage, or cohabitation as defined by statute; reaching full Social Security retirement age for general term alimony in many cases.
Either party may usually seek modification upon a substantial change in circumstances unless the award was expressly made non-modifiable. Retirement, disability, remarriage, cohabitation, and large income swings are frequent triggers — but the statutory test and burden of proof are Massachusetts-specific.
Taxes
TCJA changed federal deductibility for post-2018 instruments; Massachusetts alimony calculations and deviations should be reviewed in light of nontaxable treatment.
Child support remains non-deductible and non-taxable. Do not assume alimony treatment mirrors child support.
Case law: how Massachusetts courts decide alimony
These LawDiver opinions illustrate how Massachusetts appellate courts discuss need, ability to pay, duration, and related issues:
Sonja I. Bak vs. Anthony Bak. (And a Companion Case)
Sonja I. Bak vs. Anthony Bak. (And a Companion Case), 24 Mass. App. Ct. 608 (1987)
…parties, 2 divided the marital property, and made awards of alimony and child support. The second judgment enjoined Anthony and his mother, Esther Bak, from “encumbering, transferring or conveying” property in Truro. Anthony has appealed from the custody award in the first judgment. Sonja has appealed from the property division and alimony portions of that judgment, and from th…
On alimony, Sonja I. Bak vs. Anthony Bak. (And a Companion Case) speaks to the Massachusetts dispute in this passage: "The second judgment enjoined Anthony and his mother, Esther Bak, from “encumbering, transferring or conveying” property in Truro. Anthony has appealed from the custody award in the first judgment." The surrounding opinion shows how the court applied that language to the record.
Anthony J. Keller v. Helen M. O'Brien
Anthony J. Keller v. Helen M. O'Brien, 425 Mass. 774 (1997)
…, 420 Mass. 820 (1995) (Keller I), that terminated Keller’s alimony obligation to his former wife, Helen M. O’Brien, but denied Keller’s request for restitution of alimony payments made to O’Brien after her remarriage. Keller had sought restitution for all payments made after June, 1992, the date that he first applied to modify his alimony obligation. We transferred the case to…
Practitioners open Anthony J. Keller v. Helen M. O'Brien when Massachusetts alimony turns on the distinction in this sentence: "Mass. 820 (1995) (Keller I), that terminated Keller’s alimony obligation to his former wife, Helen M. O’Brien, but denied Keller’s request for restitution of alimony payments made to O’Brien after her remarriage." Do not lift it out of the facts the court was deciding.
Carolyn Zaleski vs. Stephen Zaleski
Carolyn Zaleski vs. Stephen Zaleski, 469 Mass. 230 (2014)
Duffly, J. The Alimony Reform Act of 2011, St. 2011, c. 124 (alimony reform act or act), changed the legal framework under which courts may award alimony when a marriage ends in divorce. The act created four categories of alimony: “[gjeneral term alimony,” “[r]ehabilitative alimony,” ‘‘ [r]eimbursement alimony,” and “[transitional al…
Carolyn Zaleski vs. Stephen Zaleski is worth reading on Massachusetts alimony because the court put the point in its own words: "Duffly, J. The Alimony Reform Act of 2011, St. 2011, c. 124 (alimony reform act or act), changed the legal framework under which courts may award alimony when a marriage ends in divorce." Use that passage as the starting point, then read the facts that precede it.
Beverly Rentz Bentley Mailer vs. Norman K. Mailer
Beverly Rentz Bentley Mailer vs. Norman K. Mailer, 390 Mass. 371 (1983)
…requires the defendant to pay the plaintiff $575 a week as alimony for seven years, to maintain health insurance coverage for the plaintiff for three years, to make a lump sum payment of $7,500 from the defendant’s joint interest in Maine real estate and to deliver certain items of furniture to the plaintiff. Provisions were made for an increase in alimony “based on the percen…
On alimony, Beverly Rentz Bentley Mailer vs. Norman K. Mailer speaks to the Massachusetts dispute in this passage: "Maine real estate and to deliver certain items of furniture to the plaintiff." The surrounding opinion shows how the court applied that language to the record.
Practical checklist
- Identify the correct statutory label (alimony) and controlling section (Mass. Gen. Laws c. 208, §§ 48–55 (Alimony Reform Act)).
- Assemble income, budget, and health evidence for both spouses.
- For rehabilitative requests, prepare a concrete plan and timeline.
- Address fault only if Massachusetts law makes it relevant to eligibility or amount.
- Search LawDiver for recent Massachusetts decisions before mediation.
- Cross-check child support interactions via the Massachusetts child support guide.
Frequently asked questions
Does Massachusetts still award permanent alimony?
Limited. For marriages of 20 years or longer, alimony may be indefinite, but still subject to modification and statutory termination events.
How is alimony calculated in Massachusetts?
Massachusetts applies guideline/formula concepts under Mass. Gen. Laws c. 208, §§ 48–55 (Alimony Reform Act). General term alimony is generally capped at 30%–35% of the difference in the parties’ gross incomes arising from the marriage, subject to statutory exclusions and deviations.
How long do I have to be married to receive alimony?
General term duration is capped by marriage-length formulas (e.g., percentages of marriage length for marriages under 20 years), with different rules for marriages of 20 years or more. Short marriages rarely produce long-term awards; longer marriages support broader remedies where the statute allows.
Does remarriage or cohabitation end alimony?
Death, remarriage, or cohabitation as defined by statute; reaching full Social Security retirement age for general term alimony in many cases.
Is alimony taxable?
TCJA changed federal deductibility for post-2018 instruments; Massachusetts alimony calculations and deviations should be reviewed in light of nontaxable treatment.
Where can I read Massachusetts alimony opinions?
Open the cases linked above or search LawDiver scoped to Massachusetts. For support of children, see the Massachusetts child support guidelines guide.
Disclaimer
This article provides general information about Massachusetts alimony and is not legal advice. Confirm the current text of Mass. Gen. Laws c. 208, §§ 48–55 (Alimony Reform Act) and consult a licensed Massachusetts family-law attorney before acting on any rule described here.