Massachusetts judges have a choice of several types of alimony they can order, depending on the purpose of it. For example, is it to give the lesser-earning spouse a chance to become financially independent or to reimburse them for sacrifices they made for the other one’s career or education?
Judges can use a number of factors to determine how much alimony is to be paid and for how long. They typically look at the length of the marriage, the age, health and income of both spouses, for example.
They can also consider the “marital standard of living” that the two had prior to their break-up. That means the spouse who earns more can be ordered to pay the lesser-earning spouse the amount they’re reasonably able to in order to help them maintain that standard of living.
Why the ruling in a recent divorce case is considered a “win for women”
Recently, a Massachusetts Supreme Judicial Court determined that this standard of living or “marital lifestyle” can include the couple’s “pattern and practice of saving” during their marriage. In the case before the court, the wife’s representative noted that regardless of a couple’s income, the decision to save rather than spend all of their money on items that would enhance their lifestyle should not be discounted when deciding support for the lesser-earning spouse in divorce.
Since these lesser-earning spouses are more often women than men, the decision has been widely viewed as a “win for women” – particularly those who have taken time out of the workplace to raise children or take on other family responsibilities. A spokesperson for the Women’s Bar Association called the decision an important step in “acknowledging that savings is one component” of the couple’s lifestyle and “is critical to protecting the financial well-being of women.”
If you and your spouse have regularly put away a healthy portion of your paychecks every pay period (with your spouse contributing the most because of their income) rather than spend it on the latest home electronics, expensive vacations and other luxuries, what this ruling does is help recognize that this is part of your “marital lifestyle.” It should be recognized as such when determining your spousal support. With experienced legal guidance, you improve your chances of receiving a fair support order.
