Can you collect alimony in Massachusetts?

Answer 1

Yes, in no-fault divorces in Massachusetts - which represent the vast majority of divorces - just about anyone who makes less than their divorcing spouse can collect "indefinite" aka "lifetime" alimony in Massachusetts. It is often 1/3 to 1/2 of the payers income. The repercussions of this are far-reaching, destructive, and draconian. Because alimony goes on "forever," parties are permitted to return to court whenever "circumstances" change, such as losing a job, illness that prevents you from working, and retirement. However, when the payer returns to court to plead for lower payments, they are often not granted. Such returns to court can cost upwards of $10,000, if not much more.

This is a great deal for divorce lawyers, who get to retry cases throughout life, but it is a unspeakable hardship for payers of alimony, who, at time of greatest hardship, are forced to return to court and plead their cases all over again. ALimony recipients, 96 of whom are women, are never expected to become self-supporting, and alimony payers who cannot afford alimony payments are routinely imprisoned for months at a time. Few people in Massachusetts to whom this has not happened have no idea that these are the laws.

The non-profit, citizens organization, Mass Alimony Reform (http://www.massalimonyreform.org), has started a movement to update these 19th century laws, and they introduced a bill, HR 1785, in early 2009. It is supported by 72 legislators, men, women, Democrats and Republicans. The only opposition to this bill is from lawyers, including the Boston Bar Association, the Massachusetts Bar Association, and the Women's Bar Association. In testimony before the Joint Committee on the Judiciary, members of these organizations have testified, wrongly, that women would no longer receive alimony under HR 1785; this is a complete falsehood. Under 1785, alimony is awarded for half the length of the marriage, with a cap of 12 years, unless there are extraordinary circumstances warranting it for longer.


Massachusetts alimony laws are so barbaric that they require the live-in girlfriends and second wives of alimony payers to contribute, somewhat indirectly, to alimony to the ex-spouse. Alimony recipients are allowed to cohabit for the rest of their lives without alimony being reduced or eliminated.


Senator Cynthia Creem (D-Newton, Wellesley, Brookline) is co-chair of the Joint Judiciary Committee of the MA legislature, and is also a working divorce lawyer ($450 per hour). She opposes HR 1785, and supports a bill that would add two words to the current statute and thereby give judges the authority to terminate alimony whenever the judge decides it would be appropriate, if ever. Without further guidelines, divorces will continue to be costly, contentious, and have unpredictable outcomes. In contrast, HR 1785, offers alimony for half the length of the marriage, with a cap of 12 years, except when children under 16 are living with the mother. HR 1785 also keeps the resources of girlfriends and second spouses from being used in alimony considerations. It also permits alimony payers to end alimony payments once they retire at 66. Under current law, an alimony payer must pay till his death or the recipient's death or remarriage (alimony recipients, some of whom collect $200,000 per year, do not remarry). Thus, there are sick 80 year old men paying alimony from their Social Security payments and unable to buy medication because of this.


Many local media have publishes and broadcast exposés on these laws, including BOSTON MAGAZINE, and the BOSTON BUSNIESS JOURNAL, and Fox News 25. These may be viewed at the Mass Alimony Reform website, http://www.massalimonyreform.org.