Massachusetts General Laws

Mass. Gen. Laws ch. 208, § 17 (2026)

Pendency of action; allowance; alimony

✓ current as of July 2026
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Section 17. The court may require either party to pay into court for the use of the other party during the pendency of the action an amount to enable him to maintain or defend the action, and to pay to him alimony during the pendency of the action. When the court makes an order for alimony on behalf of a party, and such party is not a member of a private group health insurance plan, the court shall include in such order for alimony a provision relating to health insurance, which provision shall be in accordance with section thirty-four.

Notes of Decisions
Cited in 30 cases (1 in the last 5 years), 1925–2025 · leading case: Goodridge v. Dep't of Pub. Health, 440 Mass. 309 (Mass. 2003).
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Goodridge v. Dep't of Pub. Health, 440 Mass. 309 (Mass. 2003). “208, § 34); temporary and permanent alimony rights (G. L. c. 208, §§ 17 and 34); the right to separate support on separation of the parties that does not result in divorce (G.”
Holmes v. Holmes, 6 N.E.3d 1062 (Mass. 2014). · cites it 2× “The issue presented in this case is whether alimony paid under a temporary support order during the pendency of a divorce proceeding, pursuant to G. L. c. 208, § 17 (temporary alimony), must be included in calculating the maximum presumptive duration of general term alimony…”
Roche v. Roche, 493 N.E.2d 523 (Mass. App. Ct. 1986). · cites it 2× “See G.L.c. 208, §§ 17, 20. [4] Curiously, Kathleen's Probate Court complaint, in its prayers, does not ask imposition of a resulting trust on the property to which McCauley holds title in favor of John.”
Edinburg v. Edinburg, 492 N.E.2d 1159 (Mass. App. Ct. 1986). · cites it 2× “7 The judge declined *195 to act on the motion as framed under § 38, and suggested that it be renewed under G. L. c. 208, § 17. 8 On November 20, 1982, a new motion, drawn under § 17, was filed.”
Cox v. Cox, 780 N.E.2d 951 (Mass. App. Ct. 2002). “Mahlowitz’s retention of such portions of the fee award would likewise not be inequitable. 23 V. Conclusion.”
Silvia v. Silvia, 400 N.E.2d 1330 (Mass. App. Ct. 1980). “G. L. c. 209, § 32, as last amended by St.”
House v. House, 330 N.E.2d 152 (Mass. 1975). · cites it 3× “A more rational result might be to interpret Rule 47 (and G. L. c. 208, § 17) as intending that spouses have equal rights in similar circumstances.”
Wallace v. Wallace, 172 N.E. 914 (Mass. 1930). · cites it 2× “The trial judge ruled that the only ground upon which an allowance for counsel fees and expenses can be awarded is under G. L. c. 208, § 17, and that' such an award must be made upon a petition filed prior to the entry of a decree absolute in the divorce proceedings, and that…”
Salvesen v. Salvesen, 351 N.E.2d 499 (Mass. 1976). “G. L. c. 208, §§ 17, 38. House v. House, 368 Mass.”
Goldman v. Roderiques, 349 N.E.2d 335 (Mass. 1976). “Indeed, G. L. c. 208, § 17, has such a juxtaposition; it states in effect that a judge may require payment by a spouse into court for use during the action of amounts to cover litigation expenses of the other spouse and alimony.”
Fuller v. Trs. of Deerfield Academy, 252 Mass. 258 (Mass. 1925). “G. L. c. 208, § 17; c. 209, § 33. Churchill v.”
Litchfield v. Litchfield, 770 N.E.2d 554 (Mass. App. Ct. 2002). “The plaintiff seeks legal fees under G. L. c. 208, §§ 17, 38. Those provisions do not apply to this case.”
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