How does a court determine spousal maintenance or alimony?

In Massachusetts, when a court is determining spousal maintenance or alimony, a number of factors are taken into consideration. These factors are set out in the Massachusetts Alimony Reform Act (MARA) of 2011. First, the court will consider the length of the marriage. Marriages of longer years may result in an order for alimony for a longer period of time. Second, the court will consider the health and age of each partner. The older and less healthy the partner, the more likely they are to receive alimony. Third, the court will take into consideration the financial resources, including income and assets, of both partners. The court may assess individual needs and abilities to pay in order to decide what will be an appropriate alimony award. Fourth, the court will consider the educational and job training of each partner, as well as any other job-related issues that may arise. If one partner has a greater earning potential but is underemployed, the court may determine that the party is capable of earning more than what they are currently earning and award alimony based on that assessment. Finally, the court will consider any other relevant factors, such as whether one partner has a criminal record or a history of domestic violence. In some cases, the court may take these factors into consideration and award alimony without looking at other issues. Overall, the court will consider a number of factors to determine a fair and reasonable award of alimony. This could include the length of the marriage, the age and health of each partner, the financial resources of each partner, the educational level and job training of each partner, and any other relevant factors.

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