Can I Receive Alimony If I Receive Child Support?
Many people going through divorce have heard of the terms “alimony” and “child support,” but they can be confused about exactly what these terms refer to. Even those who understand the difference can have questions about whether someone can receive both alimony and child support at the same time. Many people think that it is either/or. Here’s what you need to know about the difference between alimony and child support, how each is calculated in Massachusetts, and whether it’s possible to be awarded both after divorce.
What’s The Difference Between Alimony and Child Support?
The primary difference between alimony and child support is that alimony is financial support for the former spouse, whereas child support is financial support for the minor child.
Alimony is a court-ordered payment from one spouse to the other following a divorce or legal separation. The primary goal of alimony is to address the economic imbalance that can result when one spouse has significantly more earning capacity or financial resources than the other. Alimony helps the lower-earning or non-earning spouse maintain a standard of living that is reasonably close to what they experienced during the marriage.
Child support, on the other hand, is a financial obligation imposed on one parent to contribute to the ongoing costs of raising their children after a divorce or separation. Unlike alimony, which is meant to support a former spouse, child support is intended solely for the benefit of the child. Child support helps cover essential expenses related to a child’s well-being and development, including housing, food, clothing, education, healthcare, childcare, transportation, and extracurricular activities. These funds are intended to ensure the child’s basic needs are met and their quality of life is maintained after a separation or divorce.
How are Child Support and Alimony Amounts Calculated?
When determining alimony, courts consider several factors, including:
- The length of the marriage
- Each spouse’s income and earning potential
- The standard of living during the marriage
- The age and health of both spouses
- How long it may take for the recipient spouse to become financially independent
Massachusetts uses the 2021 Child Support Guidelines to calculate support payments based on the combined gross weekly incomes of both parents. The amount and responsible party are determined by factors such as income, number of children, and expenses related to the child’s well-being. These may include costs for health, dental, and vision insurance, as well as necessary childcare expenses.
When deciding alimony, courts consider several key factors, starting with the length of the marriage. Generally, the longer the marriage, the greater the likelihood of higher and longer alimony payments due to increased financial dependence. The duration of alimony is capped as follows:
- Up to 50% of the marriage length for marriages under 5 years
- Up to 60% for marriages between 5-10 years
- Up to 70% for marriages between 10-15 years
- Up to 80% for marriages between 15-20 years
- Indefinite alimony may be considered for marriages of 20 years or more
Courts also examine each spouse’s income and ability to earn. If one spouse earns significantly more, they may be required to provide support to help the other maintain a similar standard of living to what they had during the marriage. Judges also consider financial needs and obligations, such as childcare and healthcare expenses, to determine the level of support that is appropriate and fair under the circumstances. Every case is unique, and courts aim to reach a balanced outcome.
Does Alimony End When Child Support Ends?
Termination for child support and alimony is distinct. In Massachusetts, child support typically ends when the child turns 18 or graduates from high school; however, it may continue until the child is 21 if they are financially dependent on the parent, or up to 23 if they are enrolled in college.
Alimony is typically not permanent and lasts for a specific period. In some instances, alimony may be indefinite. Alimony also terminates under certain conditions, such as cohabitation for at least three months or remarriage.
Can Alimony and Child Support Be Awarded at the Same Time?
It is possible to receive alimony and child support. However, a decision issued in the last few years provided instructions on how to calculate child support and alimony.
On April 4, 2022, the Massachusetts Supreme Judicial Court issued a significant decision in Cavanagh v. Cavanagh. The case clarified how family law judges should approach calculating child support and alimony. It held that a trial judge may not simply calculate child support first and then deny alimony based solely on that calculation. Instead, both sources of support must be considered together before making a decision.
The court outlined a structured approach. The court instructed the judges to:
- Calculate alimony first, then determine child support based on the remaining income
- Reverse the order, calculating child support first, then alimony
- Compare both outcomes and evaluate the tax consequences and the overall financial impact of each
The final decision is based on what is most equitable for the family, in accordance with both child support and alimony statutes.
In an updated opinion, the court asserted that family law judges may depart from either framework and fashion their own appropriate awards for both child support and alimony, as long as the ultimate decision reflects a fair and equitable outcome for the family.
Contact an Experienced Massachusetts Family Law Lawyer
When you have minor children and are going through a divorce, you may have a lot of questions about your responsibilities as payor or your financial situation as recipient. As the Cavanagh decision has only been around for a few years, and the implications are not fully fleshed out, it is important for payors or recipients to seek experienced counsel in child support and alimony. Seek proper guidance from a skilled Massachusetts family law lawyer. Contact our office for immediate assistance.