Divorce is never easy, but when one spouse has a disabling condition, the financial stakes are especially high. For many people living with limitations, spousal support is an indispensable post-divorce resource.
Massachusetts alimony laws may allow support for spouses who cannot work due to a physical or mental impairment. If you’re disabled and facing divorce, knowing how your condition influences alimony decisions is crucial.
How disability is defined
Massachusetts recognizes disability as a physical or mental impairment that substantially limits one or more major life activities. It includes conditions that prevent a person from earning a sustainable income. Courts may consider Social Security Disability Insurance (SSDI) status, medical evidence and functional limitations when evaluating a disability.
Alimony types and how disability affects them
Massachusetts offers several types of alimony – general term, rehabilitative, reimbursement and transitional. For disabled spouses, general term alimony is common, as it provides ongoing support based on need and the ability of the other spouse to pay. State courts may deviate from standard alimony duration limits if a disability significantly impairs earning capacity.
When alimony can exceed limits
In some cases, courts have awarded alimony beyond the usual caps set by the Alimony Reform Act. For example, in Morse v. Morse, the Appeals Court upheld extended alimony for a disabled wife whose only income was her SSDI payments. This means state courts have discretion to prioritize need over formulaic limits.
Modifying or extending alimony due to disability
If a spouse becomes disabled after divorce, they may petition to modify an existing alimony order. Courts allow modifications based on material changes in circumstances, including new or worsening disabilities that affect financial independence.
Presenting a persuasive argument backed by clear documentation can improve the odds of obtaining a fair alimony award. Having experienced legal guidance can be key to a successful outcome.