Alimony for Same-Sex Couples

The issues surrounding asset division for same-sex couples are even more pronounced in alimony cases, where the duration of alimony payments is measured based on the length of the parties’ legal marriage. For same-sex and LGBT spouses who were prevented from marrying under the law, the durational limits for alimony based on the length of the legal marriage can seem deeply unfair.

The Massachusetts alimony statute includes an exception to the ordinary rule that limits alimony based on the length of the marriage. The statute, M.G.L.c. 208 s. 48 instructs courts to count the “…months from the date of legal marriage to the date of service of a complaint or petition for divorce” when calculating the duration of alimony.

However, the statute also says that a court “the court may increase the length of the marriage if there is evidence that the parties’ economic marital partnership began during their cohabitation period prior to the marriage.”

In short, the duration of alimony may be extended for spouses who cohabitated before being married. Same-sex and LBGT couples who cohabitated together prior to the legalization of same-sex marriage often have a particularly strong claim to extended alimony, but the argument is far from automatic. After all, many couples cohabitate before getting married, and the mere fact that spouses lived together before tying the knot does not automatically extend the alimony duration period.

Attorneys representing same-sex and LGBT parties–including the party being asked to pay alimony–must understand the unique dynamics surrounding alimony and same-sex marriages and craft arguments that effectively advocate the client’s unique needs. A “one size fits all” approach rarely works in such cases.

Law Office of Polly Tatum

19 Cedar St Worcester, MA 01609

(774) 366-3688

https://www.LawOfficeOfPollyTatum.com