When determining whether a spouse has to pay alimony, and if so, which kind, there are various factors a judge will consider. Some of these include the relative earning power of both spouses, and the contribution of each spouse toward marital property. Depending on those and other factors, one of four different types of alimony can be issued to the spouse who is assigned to pay.
#1: General Term Alimony
This type of support is paid regularly to an ex-spouse who is financially dependent on the former spouse. This could be in cases where a stay-at-home mom is financially dependent, has physical custody of the kids, and needs spousal support to continue taking care of the kids and home. It would also apply in cases where one spouse was a caregiver for another family member, like a disabled relative or aging parent(s), while the other spouse worked outside the home. Or if one spouse has a degenerative disease, a judge might order alimony to support the sick, financially dependent party.
Whatever the exact circumstances in a divorce, general term alimony is meant to meet the financial needs of a lower-earning or unemployed spouse, and the spouse who is requesting alimony has to therefore prove their financial need.
How Long Does General Term Alimony Last?
The length of time for general term alimony depends on the length of the marriage. Ever since the Alimony Reform Act in 2011, there have been more limitations placed on how long alimony can last.
If the divorce was filed after:
- 0-5 years of marriage, then alimony cannot be ordered for more than 50% of the marriage’s length
- 10 years or fewer of marriage, then alimony cannot go on for more than 60% of the marriage’s length
- 15 years or fewer of marriage, then alimony cannot last for more than 70% of the marriage’s length
- More than 20 years of marriage, then the court does not have to set any limits for the duration of alimony; it is up to their discretion
So, if a 5-year marriage ended in divorce, then alimony couldn’t last for more than 2.5 years, while in a 20-year marriage, a court couldn’t order more than 16 years of alimony in the divorce.
Despite these new limits, a judge still has a considerable amount of latitude when it comes to decisions such as alimony, but it is viewed as a purely economic matter. For instance, while a judge may previously have ordered alimony on the basis of fault-based grounds for divorce, that is no longer an official factor for alimony decisions. Alimony is piece of a divorce that might be involved if that’s what a judge thinks is needed to keep things fair financially; alimony is not supposed to be used to punish an at-fault spouse.
Of course, this is only in instances where alimony is ordered. If one spouse doesn’t have a financial need for this level of support, then there will be no alimony ordered in the divorce.
#2: Rehabilitative Alimony
This type of support is also paid regularly to an ex-spouse, but it’s paid with the expectation that the recipient spouse will be able to support themselves eventually. In this case, the paying spouse is required to pay ongoing alimony for the period during which the dependent spouse will go back to work. This type of alimony tends to be ordered in cases where one spouse needs some time to make the transition from a stay-at-home spouse to a self-sufficient earner.
The duration of this alimony is based on how long it will take for the spouse who receives alimony to be financially independent. For example, if one spouse needs to finish a degree or get certain training in order to get the type of work they need to become fully self-sufficient, then rehabilitative alimony would last while that spouse was getting trained and searching for a job.
#3: Reimbursement Alimony
This support is paid regularly or in a lump sum. This type of alimony is only ordered for divorces that occur in a marriage that has lasted 5 years or fewer. This type of alimony allows a spouse to be reimbursed for any costs that the ex-spouse had paid to help the paying spouse further their career, including school tuition or professional training.
With this type of spousal support, a judge will decide how long this alimony will last, though they don’t have set guidelines within which they must set the duration of alimony.
#4: Transitional Alimony
This support is also paid regularly or in a lump sum, and it is also only for marriages that lasted 5 years or fewer. Transitional alimony enables a dependent spouse to receive support for a given period—no longer than 3 years from the time the divorce is finalized—during which the receiving spouse can adjust to a new lifestyle or living situation.
How Would a Family Judge Decide Which Type of Alimony to Order?
Many of the same factors that determine whether or not there will be alimony at all, also factor directly into which type of alimony may be required in a divorce.
The factors that are used to determine if there will be alimony, and which type, include the:
- Length of the marriage
- Income & earning capacity of each spouse
- Health of each spouse
- Lifestyle maintained during the marriage
- Ability to maintain one’s lifestyle post-divorce
- Contributions made by each spouse during the marriage (both economic and non-economic)
A judge also has the freedom to factor in any other circumstances or details they feel are pertinent to making this decision.
If you are unsure which type of alimony you would qualify for, or which would be required of you, contact our Massachusetts alimony attorneys for answers to all your questions. We understand that every case is different, and we have a team that is ready to assist you, tailoring your legal advice and strategy to your specific needs.