Adultery in Massachusetts - Does Cheating Affect Alimony?

by Futurescopes Research Team

Alimony is a common mechanism used by many courts to punish spouses for their marital wrongdoing, such as adultery. While many states are moving toward alimony systems that consider only financial need, other states allow marital misconduct to affect adultery awards.

As many spouses know, cheating often has consequences. Aside from the effect of cheating on the marriage itself, cheating may affect the divorce process and any alimony awards received by the spouses. Each state varies on how exactly adultery will affect an alimony award, and so this article is intended to clarify that issue for the state of Massachusetts.

TIP: Get free family law consultation about divorce and alimony.

The Nature of Divorce in Massachusetts

Before discussing whether adultery or cheating would affect an award of alimony or spousal support, the nature of divorce in Massachusetts must be examined.Under Massachusetts law, there are seven different reasons that spouses can seek a divorce. While one of those grounds for divorce is a no-fault ground, the other six are reasons for divorce caused by some wrongdoing on the part of one of the spouses. One of those “fault” grounds for divorce is adultery.1

About Massachusetts Alimony Rules

In Massachusetts, alimony is defined as the payment of support from a spouse, with the ability to pay, to a spouse in need of support for a reasonable length of time.2 Massachusetts courts may award four different types of alimony: general term, rehabilitative, reimbursement, and transitional. General term alimony is the basic form of alimony and can be either fixed at a specific duration or indefinite where the marriage lasted for longer than 20 years.3 Rehabilitative alimony temporary alimony lasting no longer than five years designed to help make a financially dependent spouse able to be self-sufficient.4 Reimbursement alimony is intended to force one spouse to repay the other for significant financial contributions made during the marriage (such as paying for the other spouses’ education).5 Transitional alimony is extremely short-term alimony simply designed to help a spouse make a smooth transition into single life by paying for immediate expenses such as housing or a vehicle.66

When deciding on the amount of alimony, the divorce court will look to a series of fourteen factors, the most important of which are:7

  • The length of the marriage;
  • The conduct of the spouses during the marriage;
  • The age, health, station, and occupation of the spouses;
  • Each spouses’ earning capacity;
  • The property and debts owned by each spouse; and
  • Any present and future financial needs of the spouses.

For Massachusetts courts, the most important factors in deciding the amount of alimony are the financial factors.8

The Effect of Adultery and Other For-Cause Grounds for Divorce on Alimony

Massachusetts law not only allows courts to consider marital misconduct such as adultery when making alimony determinations; the law requires courts to consider it.9 That said, the effect of adultery on alimony is limited by the financial circumstances of the spouses. Massachusetts law will not prevent the adulterous spouse from receiving alimony, nor can adultery be the sole basis upon which alimony is granted or denied.10 As explained above, the financial factors tend to be more important to Massachusetts judges than allegations of wrongdoing.

The Verdict:

Massachusetts courts are required by law to consider either spouse’s infidelity in making it’s award of alimony. That said, adultery is one of many factors that courts will use to decide on an amount of alimony, and its impact may be limited if the spouses are financially disparate.

If your spouse has been cheating on you and you plan to sue for divorce, you should consider contacting a local divorce attorney for assistance. Divorces involving adultery claims tend to be very messy lawsuits and will be very difficult to litigate on your own. Your rights can be best protected by proactively protecting your ability to succeed in your divorce litigation.

Note: This article is not legal advice. Please consult a lawyer for your specific situation.

Resources:

  1. ALM GL ch. 208, § 1.
  2. ALM GL ch. 208, § 48.
  3. ALM GL ch. 208, § 49.
  4. ALM GL ch. 208, § 50.
  5. ALM GL ch. 208, § 51.
  6. ALM GL ch. 208, § 52.
  7. ALM GL ch. 208, § 34.
  8. See Rosenberg v. Rosenberg, 33 Mass. App. 903, 904, 595 N.E.2d 792 (1992).
  9. Vakil v. Vakil, 450 Mass. 411, 879 N.E.2d 79 (2008).
  10. Putnam v. Putnam, 5 Mass. App. 10, 358 N.E.2d 837 (1977), appeal after remand, 7 Mass. App. 672, 389 N.E.2d 777.
  •