Spousal Support & Alimony

Spousal Support & Alimony Lawyers in Woburn, MA

Representing Payors & Recipients at the Middlesex Probate and Family Court

In Massachusetts, alimony is the statutory term for financial support one spouse may be ordered to pay the other following a divorce. The public often uses “spousal support” interchangeably, but alimony is the language of court orders and the Massachusetts Alimony Reform Act. Its purpose is to help the lower-earning spouse maintain a standard of living reasonably comparable to what both parties experienced during the marriage.

At Schaefer Law PC, we represent clients on both sides of alimony matters: those seeking payments and those asked to provide them. Attorney Pamela Schaefer brings over 35 years of family law experience litigating domestic relations cases in the Probate and Family Court, District Court, and Appeals Court. Alimony cases in Woburn are heard at the Middlesex Probate and Family Court South, where our firm has substantial practice experience. As a certified mediator, Attorney Schaefer can help clients reach binding alimony agreements through negotiation or mediation, and when court intervention is necessary, she handles litigation directly. Clients throughout Woburn, Middlesex County, and Greater Boston, including Cambridge and Malden, don’t need to switch firms as a case moves from negotiation to trial.

Reach Schaefer Law PC online or at (617) 917-3299 for a complimentary consultation with a Woburn spousal support and alimony attorney.

Types of Alimony in Massachusetts

Massachusetts recognizes four types of alimony under the Alimony Reform Act, each designed for a different set of circumstances. Which type applies to your situation shapes what you can seek and for how long.

General term alimony: Ongoing periodic support paid to a financially dependent former spouse. Courts most often award this when one spouse didn’t work outside the home or earned substantially less than the other. Duration is tied to the length of the marriage, with statutory caps at each tier.
Rehabilitative alimony: Temporary support to help the recipient become financially self-sufficient while completing education or job training. This type may not exceed five years unless the court finds compelling circumstances that justify a longer term.
Reimbursement alimony: Awarded when one spouse financially supported the other’s education or career advancement during the marriage. Available only for marriages of five years or fewer, it’s typically paid as a lump sum or over a short term.
Transitional alimony: Limited-duration support to help the recipient adjust to a new lifestyle or location following divorce. Also available only for marriages of five years or fewer, with payments capped at three years from the date the divorce is finalized.

You can seek alimony as part of your divorce or file for it after a divorce is finalized. Either spouse, regardless of gender, can request or be ordered to pay. Alimony is also distinct from child support: child support is calculated under the Massachusetts Child Support Guidelines, while alimony is determined through the court’s review of each party’s individual circumstances.

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Alimony Duration Guidelines in Massachusetts

For general term alimony, Massachusetts General Laws ch. 208, Section 49 sets maximum duration tiers based on the length of the marriage, measured from the date of marriage to the date the divorce complaint was served.

Marriages of five years or less: Alimony can last up to 50% of the length of the marriage.
More than five years but less than 10 years: Up to 60% of the marriage length.
More than 10 but less than 15 years: Up to 70%.
More than 15 but less than 20 years: Up to 80%.
More than 20 years: The court may order indefinite alimony.

These percentages are statutory maximums. The court may order a shorter duration or later modify the term if circumstances change. General term alimony ordinarily terminates when the payor reaches Social Security full retirement age, and it’s also suspended, reduced, or terminated upon the recipient’s remarriage or cohabitation with another person for three or more months.

Negotiating & Modifying Alimony Terms

We advise clients on how these duration caps apply to their specific marriage length and what the numbers mean practically for their finances. Spouses can also negotiate their own alimony agreement as part of a broader divorce settlement. A mediated agreement, once signed, can be enforceable as a court order, and our firm offers mediation services as a path to binding resolution without court involvement.

Either party may petition for a modification by showing a substantial and material change in circumstances. Common grounds include income loss, new health problems, retirement, or the recipient’s remarriage. We prepare modification requests and advise clients on documenting the changes in income, employment, or health that support a petition. An experienced family law attorney can assess whether your situation meets the legal threshold and present the facts the court needs to act.

Modifying or Enforcing Alimony After a Divorce

Circumstances shift after divorce, and Massachusetts law gives either party the right to seek a change when they do. To modify an alimony order, the petitioning party must demonstrate a substantial and material change in circumstances since the original order was entered. Grounds the court recognizes include income loss, significant new health problems, the recipient’s remarriage, long-term cohabitation, or the payor’s retirement. The court can increase, decrease, or terminate alimony if the evidence supports the change. Acting promptly when your situation changes protects your financial position; delays can limit what the court is willing to address retroactively. We represent clients in modification proceedings at the Middlesex Probate and Family Court, preparing documentation of changed circumstances and filing the necessary legal papers.

Enforcing Alimony Orders in Massachusetts

When a payor fails to meet their alimony obligations, Massachusetts courts have several enforcement tools available: wage garnishment, property liens, and contempt proceedings. The right approach depends on how far payments have fallen behind and the payor’s financial situation. Accurate records of missed payments and related communications are critical evidence in any enforcement action, and taking action as soon as payments fall behind gives the court time to resolve the matter before the arrearage grows. We handle filings and courtroom appearances before the Middlesex Probate and Family Court so recipients can focus on their financial recovery.

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How Courts Determine Alimony Amounts in Massachusetts

Unlike child support, Massachusetts law doesn’t use a fixed formula for alimony. Courts exercise broad discretion and weigh the specific facts of each case. The amount of general term alimony typically doesn’t exceed 30 to 35 percent of the difference between the parties’ gross incomes, but even that is a guideline, not a ceiling. Statutory factors the court considers include:

The length of the marriage
Each spouse’s income, employment, and earning capacity
Age and health of both parties
Contributions to the marriage, including homemaking and parenting
The marital standard of living
Economic and non-economic contributions by each party
Lost economic opportunity caused by the marriage
Any other relevant circumstance that makes the award fair and reasonable

How We Build Your Case

Our over 35 years of family law experience informs how we evaluate and present the statutory factors that bear on alimony, from each spouse’s income and employability to contributions to the marriage and the marital standard of living. We pursue support agreements grounded in full financial disclosure and Massachusetts law, tailoring our approach to each client’s long-term financial needs.

Tax Treatment of Alimony

Tax treatment is a critical part of structuring any alimony agreement. For divorces finalized after December 31, 2018, the paying spouse may not deduct alimony payments on federal tax returns, and the receiving spouse doesn’t report them as taxable income. For Massachusetts state tax returns, the same treatment applies for tax years 2022 and later. These rules affect how parties negotiate and structure support agreements, and the difference between a pre-2019 and post-2018 divorce can have real financial consequences. Consulting an alimony appeals attorney in Woburn before agreeing to any figures can help you account for these rules from the start.

Contact us at (617) 917-3299 today to discuss your case one-on-one with one of our attorneys.

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"Bright and Savvy Lawyer"
Pam worked with me across many years as a consultant during a very difficult and emotional divorce. She is a bright and savvy lawyer who was also very personable and supportive when I needed it most.

- Beverly S.
"Staunchly In My Corner"
Pam succinctly outlined the issues. She also accurately, it turned out, predicted the uphill climb we faced. Never wavering, staunchly in my corner, she and her office shepherded me through this very trying minefield.

- Hans B.
"Very Competent and Compassionate"
Pam has a thorough knowledge of the law and defended my case with determination. She was very competent and compassionate. She and her team reassured me at a tough time and kept the communication transparent.

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She went far, far above and beyond to get us through the most stressful and difficult time of our lives. She gave me advice on everything I needed to know to keep my family safe -- legally, economically, financially and emotionally.

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I had more than one awesome experience working with Pamela. If you want someone personable, responsible, knowledgeable and of course - dependable, don't even look anywhere else.

- Former Client
"Personable and Extremely Knowledgeable"
Attorney Pam Schaefer and her assistant Annie are amazing! They answered all questions and my many concerns in a timely manner. Pam was very personable, extremely professional and knowledgeable.

- Former Client
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Pamela was everything I needed while going through my divorce. Annie, the office paralegal was invaluable! They had the heart warming ability of taking care of me the way they would have cared for a member of their family.

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Pamela, Nicole, and her team (Annie too) are all incredible. They are extremely prompt and professional. A classy crew to say the least. They knew exactly what I needed and addressed all of my concerns all while going through a hard time.

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