Alimony When One Spouse Is Disabled

Divorce is complicated, but divorce when disability is involved can be even more complicated. Disability can significantly influence alimony, as it may affect a person’s ability to work, earn income, and meet financial obligations. Whether a spouse becomes disabled during the marriage or after the couple has divorced, this can have an impact on the type, amount, and duration of spousal support. Here’s what you should know about how Massachusetts courts handle alimony when disability is involved. 

Defining Disability 

It is important to first define what disability is. Disabilities can vary widely in severity, impact, and type. In Massachusetts, a disability is defined as a physical or mental impairment significantly impacting one or more major life activities. These activities can include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. For example, an individual with advanced arthritis may struggle to walk or complete basic household chores. However, someone with less advanced or less severe arthritis might not meet the legal thresholds for disability.

About Alimony In Massachusetts

Alimony, also called spousal support, refers to court-ordered payments awarded to a spouse or former spouse during and after a divorce. Its purpose is to help maintain a similar quality of life and financial stability as during the marriage. Alimony can be awarded to either spouse, usually benefiting the partner with lower or no income. Several factors influence alimony calculations, including: 

• The length of the marriage
• Ages and health of both spouses
• Income and earning capacity
• Standard of living during the marriage
• Financial needs and resources of each spouse

There are 4 main types of alimony in Massachusetts: 

General-term alimony is paid regularly to a financially dependent ex-spouse. The length of the marriage often determines the duration of payments. 

Reimbursement alimony can be a one-time or periodic payment to reimburse a spouse for supporting the other’s education or career during the marriage. 

Transitional alimony provides one-time or short-term payments to help a spouse adjust to post-divorce life or a new location. 

Rehabilitative alimony is support for a set period while the receiving spouse develops the ability to support themselves.

In terms of how alimony is calculated, several factors are considered. One major factor is the length of the marriage, as longer marriages often result in higher and longer payments. Courts focus on each spouse’s income and earning capacity, and they typically require higher-earning spouses to provide more support. They also consider the standard of living during the marriage to help maintain a similar lifestyle after the divorce. In addition, courts evaluate the financial needs and resources of both spouses, including childcare, healthcare, and other essential expenses.

How Disability Affects Alimony 

When one spouse has a disability, it can directly limit their ability to work and generate income, which in turn affects alimony determinations. A disability may reduce a spouse’s earning capacity, making them more reliant on alimony to maintain a reasonable standard of living similar to what was established during the marriage. For instance, a spouse who develops a long-term illness may require additional financial support to cover medical expenses, home care, or assistive services. Courts aim to balance the needs of the spouse with the disability against the financial ability of the paying spouse, ensuring that support is fair and sustainable. Because disabilities vary in severity and impact, each case is evaluated individually. The court will take into account both current and potential future limitations on income and daily functioning.

What to Do if You are the Disabled Spouse

If you are the disabled spouse, it is essential to compile thorough documentation that clearly demonstrates how your disability affects your ability to work and earn income.

Here’s what to gather:

• Medical records from physicians, specialists, and therapists detailing your diagnosis, treatment, and limitations.
• Written statements from health care providers explaining how your condition impacts daily living and employment capacity. 
• Test results, hospital records, and prescription histories supporting the severity of your condition.
• Therapy or rehabilitative notes from occupational or physical therapists
• Evidence of financial impact, such as assistive devices, home modification, or personal care expenses.

These records help provide a comprehensive picture of your condition and its effects on your ability to maintain employment or perform essential tasks.

It is also helpful to document any accommodations you have attempted at work, limitations in household responsibilities, and any related expenses, such as specialized equipment or personal care assistance. Keeping a detailed record of how your disability affects your life strengthens your case for alimony and ensures the court has the information needed to make a fair determination.

What Happens if the Disability Occurs After the Divorce? 

An ex might wonder what will happen if the disability occurs after the divorce. For instance, what if alimony is awarded, but then the ex-husband is in a horrific car accident, leaving him unable to work for several years? In such a case, the court could revisit the alimony arrangement to account for the change in circumstances. The ex-spouse’s new disability could affect both their ability to pay and the recipient’s financial needs, potentially leading to a modification of the alimony.

Modifications of alimony orders are possible in Massachusetts. Courts in Massachusetts may modify an alimony order if they have personal jurisdiction over both spouses. The court must have authority through the original divorce case, personal service, consent, or the state’s “long-arm” statute. It can modify alimony due to a material change in circumstances. This would include things such as chronic illness, aging, a significant shift in income or earning capacity, or disability. The court evaluates how acute the disability is, how it affects the spouse’s ability to work, and any significant medical expenses when deciding whether to modify an alimony order. 

Contact an Experienced Massachusetts Alimony Attorney 

Alimony calculations can be complex even without disability being a factor. Disability can further complicate alimony calculations, as it may affect a spouse’s ability to work, earn income, and meet financial needs. Whether you are the disabled spouse seeking support or the paying spouse facing a new disability, working with an experienced Massachusetts alimony attorney ensures that your rights are protected and helps you understand what support you may be entitled to or obligated to pay.