Massachusetts Alimony Reform Act: How Alimony Works in a Divorce

The Massachusetts Alimony Reform Act of 2011 overhauled how spousal support works in the state. Before the reform, alimony could be open-ended — courts had broad discretion with few guidelines, and lifetime alimony was common even in shorter marriages. The reform introduced clear duration limits, defined types of alimony, and created specific termination triggers.

If you are going through a Massachusetts divorce, understanding these rules is critical — whether you expect to pay alimony or receive it.

The Four Types of Alimony

Massachusetts law (M.G.L. c. 208, Sections 48-55) defines four distinct types of alimony. The type awarded depends on the length of the marriage, the financial circumstances, and the purpose the support is intended to serve.

General Term Alimony The most common type. Periodic payments from one spouse to the other for a defined duration based on the length of the marriage. This is what most people think of when they hear "alimony."

Rehabilitative Alimony Periodic payments for up to five years to allow the recipient to become self-supporting through education, job training, or work experience. Typically awarded when one spouse left the workforce during the marriage and needs time to re-enter it.

Reimbursement Alimony Awarded for marriages of five years or less. Compensates one spouse for economic contributions — such as funding the other spouse's education or career development — that enhanced the other's earning capacity. This type is not modifiable.

Transitional Alimony Also for marriages of five years or less. A lump sum or periodic payment to help the recipient transition to a new living situation. Not modifiable and terminates on a specific date.

Duration Limits

The reform act tied alimony duration to the length of the marriage, defined as the date of legal marriage to the date of service of the divorce complaint:

For example, a 12-year marriage could result in alimony lasting up to 100.8 months (12 years × 12 months × 70%) — roughly 8.4 years.

Courts can deviate from these caps in exceptional circumstances, but they must explain why in the judgment.

How Alimony Is Calculated

Massachusetts does not use a single mandatory formula, but the general guideline for general term alimony is:

• Alimony should not exceed 30 to 35% of the difference between the spouses' gross incomes at the time the alimony order is issued
• The combined total of alimony and child support paid by one spouse should not exceed 40% of the combined gross incomes of both spouses

Courts consider the factors in M.G.L. c. 208, Section 34 when setting the amount:

• Length of the marriage
• Age and health of both spouses
• Income, employment, and employability of each spouse
• Economic and non-economic contributions to the marriage
• The lifestyle established during the marriage
• Lost economic opportunities (a spouse who left a career to raise children)

Automatic Termination Triggers

Under the reform act, general term alimony automatically terminates when:

• The recipient remarries
• Either spouse dies
• The payor reaches full retirement age under the Social Security Act

Additionally, alimony can be suspended, reduced, or terminated if the recipient cohabits with another person in a common household for at least three months. The payor must file a Complaint for Modification to invoke this provision — it does not happen automatically.

Modification After the Divorce

Either party can petition to modify general term alimony based on a material change in circumstances — job loss, significant health changes, retirement, or a substantial change in either spouse's income. Reimbursement and transitional alimony are not modifiable.

Whether your alimony terms are modifiable after divorce also depends on whether they were written as merged or surviving clauses in your separation agreement. Merged clauses remain under court jurisdiction and can be modified. Surviving clauses are treated as independent contracts and are much harder to change.

The Massachusetts Divorce Filing Process Guide includes financial worksheets that help you organize income data, calculate preliminary alimony ranges, and understand how different agreement structures (merged vs. surviving) affect long-term modifiability.

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