Alimony is not an “automatic” regardless of the length of the marriage. Often times it is negotiated between the parties where a judge would otherwise not award it. There can be many reasons the paying spouse would agree to pay alimony despite it not being required by law, including but not limited to obtaining a tax deduction or offsetting a property division.

In Massachusetts, there are several factors the court will consider when determining if alimony is applicable including 1) the length of the marriage; 2) the conduct of the parties during the marriage;  3) the age of the parties; 4) the health of the parties; 5) the occupations of the parties; 6)  the amount and sources of income by each party; 7) the parties vocational skills and employability; and 8) the estate, liabilities and needs of each of the parties and the opportunity of each for future acquisition of capital assets and income.

Alimony is a complex issue in an ever changing area of law. As such, you need an attorney who knows the law and is a skilled and experienced advocate.

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