Recent Posts in Alimony Category

Terminating Alimony

In Massachusetts,spousal support usually terminates upon remarriage of the recipient spouse, death of obligor, or any further order of the court.  It may also be modifiied, upwards or downwards, upon the court’s finding that there has been some material change in circumstances from the last time the parties were in court.

The most common modifications are triggered by the obligor’s change in income, retirement, or in those cases when the obligor can prove less of a financial need by the recipient spouse.

Clients often ask us whether a recipient’s cohabitation with a new partner is sufficient grounds for an adjustment.  Case law tells us this new relationship must also provide an economic advantage; if the parties co-mingle their finances, this may show a change in the recipient spouse’s financial need.  On the other hand, courts are hesitant to terminate alimony all together because there is no financial obligation between the cohabitants if they later break-up.