Massachusetts substantially modified its alimony law in 2012.  As a result, courts were provided with more guidance about the circumstances under which alimony should be awarded, the length of time that alimony should be paid, and the events that should trigger a termination, reduction or suspension of alimony.  Typically, alimony will not exceed the recipient’s need or 30 to 35% of the difference in the parties’ gross incomes.  However, there are exceptions, and the court may deviate from that formula under some circumstances.  The duration of alimony typically depends upon the length of the marriage, i.e., the longer the marriage, the longer the term of alimony.  Moreover, Massachusetts now recognizes several categories of alimony:  rehabilitative, reimbursement, transitional and general term alimony.  Because of the intricacies of this law, the interplay of alimony with other divorce-related issues, and the wide array of interpretations within the court system, it is wise to discuss your circumstances with an attorney to determine how the law applies to your particular circumstances.

Massachusetts has a statute that authorizes the courts to protect someone who has been abused or threatened with abuse from a family member or household member. Abuse is defined as physical harm, being placed in fear of imminent serious physical harm, or being forced to engage involuntarily in sexual relations. The abused and abuser must be family or household members, the definition of which includes people who have been in a “substantive dating relationship,” people that “are or were related by blood or marriage,” and people who have a child in common regardless of whether they have ever been married to each other or lived together. A violation of an abuse prevention order is considered a crime. A 2012 amendment to the statute added protection for domestic animals; this change in the law made a lot of sense, because many abusers harm household pets, or threaten to abuse the pet, and use the presence of the animal to keep the abused person from seeking assistance. If the abuse occurs when the courts are closed, which often is the case, the local police can assist by obtaining an order from the emergency judge on call, which is always available. While rational people typically comply with court orders, an abuse prevention order will not stop someone who is irrational or truly intent on harming another person, so it is always wise to seek counsel and take all steps to protect both family and pets.

Divorce mediation can minimize both the cost and level of acrimony in a divorce or post-divorce case if used properly. Another benefit is the ability to creatively draft an agreement that fits your needs. Are you and your spouse (or ex-spouse) on a level playing field? If so, meaning that neither of you is likely to use mediation as a tool to dominate the process, mediation could be for you. Ideally, your mediator will be an experienced attorney with mediation training. Also, mediation does not negate the need for each of you to have independent representation, if only to review the agreement resulting from mediation to ensure that your best interests have been served.

Massachusetts has an Equal Rights Amendment so the law is gender neutral in the sense that requires the courts treat people equally without bias based on gender. This means that men, as well as w omen, can be eligible to receive alimony. Typically, alimony is paid by the primary provider for the family. This means that if the wife was the major income earner during the marriage, she could pay the husband alimony. However, many factors are considered when considering an alimony claim and it should be noted that alimony is not awarded automatically.