Divorce is a challenging time for both spouses. So many factors involving the outcome can have lasting effects. Alimony is no exception. Alimony refers to a specified amount of money paid to one spouse by the other spouse during and after divorce. The purpose is to help the lower-earning spouse maintain a reasonable standard of living. One of the most popular questions asked is, “can remarriage discontinue alimony?” A change in the Massachusetts alimony law in 2012 clarified that provision and several others. Consider these four frequently asked questions about alimony and remarriage in Massachusetts.
How Much is Alimony?
The main consideration in calculating alimony in Massachusetts is each spouse’s income or income earning ability. However, many other factors are at play when a court determines how much alimony a spouse is required to pay. While the actual amount is usually a percentage of the difference between each spouse’s income, the following factors are also considered:
- How long the two were married;
- The standard of living while married and the ability of both spouses to maintain that standard of living;
- The income, skills and employment opportunities of both spouses;
- The current liabilities and needs of each spouse;
- The age and health of each spouse.
What if the receiving spouse gets remarried?
Massachusetts changed the alimony law in 2012 to include a provision that terminates alimony if the receiving spouse remarries. However, don’t assume termination upon remarriage is automatic and an agreement or Complaint for Modification would need to be approved by the court.