Massachusetts General Laws

Mass. Gen. Laws ch. 208, § 49 (2026)

Termination, suspension or modification of general term alimony

✓ current as of July 2026
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Section 49. (a) General term alimony shall terminate upon the remarriage of the recipient or the death of either spouse; provided, however, that the court may require the payor spouse to provide life insurance or another form of reasonable security for payment of sums due to the recipient in the event of the payor's death during the alimony term.

(b) Except upon a written finding by the court that deviation beyond the time limits of this section are required in the interests of justice, if the length of the marriage is 20 years or less, general term alimony shall terminate no later than a date certain under the following durational limits:

(1) If the length of the marriage is 5 years or less, general term alimony shall continue for not longer than one-half the number of months of the marriage.

(2) If the length of the marriage is 10 years or less, but more than 5 years, general term alimony shall continue for not longer than 60 per cent of the number of months of the marriage.

(3) If the length of the marriage is 15 years or less, but more than 10 years, general term alimony shall continue for not longer than 70 per cent of the number of months of the marriage.

(4) If the length of the marriage is 20 years or less, but more than 15 years, general term alimony shall continue for not longer than 80 per cent of the number of months of the marriage.

(c) The court may order alimony for an indefinite length of time for marriages for which the length of the marriage was longer than 20 years.

(d) General term alimony shall be suspended, reduced or terminated upon the cohabitation of the recipient spouse when the payor shows that the recipient spouse has maintained a common household, as defined in this subsection, with another person for a continuous period of at least 3 months.

(1) Persons are deemed to maintain a common household when they share a primary residence together with or without others. In determining whether the recipient is maintaining a common household, the court may consider any of the following factors:

(i) oral or written statements or representations made to third parties regarding the relationship of the persons;

(ii) the economic interdependence of the couple or economic dependence of 1 person on the other;

(iii) the persons engaging in conduct and collaborative roles in furtherance of their life together;

(iv) the benefit in the life of either or both of the persons from their relationship;

(v) the community reputation of the persons as a couple; or

(vi) other relevant and material factors.

(2) An alimony obligation suspended, reduced or terminated under this subsection may be reinstated upon termination of the recipient's common household relationship; but, if reinstated, it shall not extend beyond the termination date of the original order.

(e) Unless the payor and recipient agree otherwise, general term alimony may be modified in duration or amount upon a material change of circumstances warranting modification. Modification may be permanent, indefinite or for a finite duration, as may be appropriate. Nothing in this section shall be construed to permit alimony reinstatement after the recipient's remarriage, except by the parties' express written agreement.

(f) Once issued, general term alimony orders shall terminate upon the payor attaining the full retirement age. The payor's ability to work beyond the full retirement age shall not be a reason to extend alimony, provided that:

(1) When the court enters an initial alimony judgment, the court may set a different alimony termination date for good cause shown; provided, however, that in granting deviation, the court shall enter written findings of the reasons for deviation.

(2) The court may grant a recipient an extension of an existing alimony order for good cause shown; provided, however, that in granting an extension, the court shall enter written findings of:

(i) a material change of circumstance that occurred after entry of the alimony judgment; and

(ii) reasons for the extension that are supported by clear and convincing evidence.

Notes of Decisions
Cited in 58 cases (15 in the last 5 years), 2014–2026 · leading case: Chin v. Merriot, 23 N.E.3d 929 (Mass. 2015).
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Chin v. Merriot, 23 N.E.3d 929 (Mass. 2015). · cites it 17× “He argued that, pursuant to G. L. c. 208, § 49 (f) (retirement provision), “general term alimony orders shall terminate upon the payor attaining the full retirement age.”
Connor v. Benedict, 118 N.E.3d 96 (Mass. 2019). · cites it 15× “See G. L. c. 208, § 49. The limits are premised on the length of the parties' marriage; the longer the marriage, the longer the maximum permissible duration of alimony, up to a maximum cap.”
Duff-Kareores v. Kareores, 52 N.E.3d 115 (Mass. 2016). · cites it 13× “” G. L. c. 208, § 49 (d). See Hartford Ins.”
George v. George, 63 N.E.3d 380 (Mass. 2016). · cites it 13× “In 2013, Clifford filed a complaint for modification of the divorce judgment that sought, among other things, to modify his alimony obligahon based on G. L. c. 208, § 49 (b), part of the Alimony Reform Act, St.”
In Re the Marriage of Steven Michael Gust & Linda Leann Gust Upon the Petition of Steven Michael Gust, 858 N.W.2d 402 (Iowa 2015). · cites it 5× “See Mass. Gen. Laws ch. 208, §§ 49 (f), 53(e).”
Holmes v. Holmes, 6 N.E.3d 1062 (Mass. 2014). · cites it 10× “G. L. c. 208, § 49 (b) (4). 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.”
Snow v. Snow, 68 N.E.3d 1138 (Mass. 2017). · cites it 6× “We conclude that, in such circumstances, the durational limit of general term alimony under G. L. c. 208, § 49 (b), starts to run on the date that the alimony was awarded, not on the date of the divorce judgment or on the date temporary alimony was awarded.”
Doktor v. Doktor, 23 N.E.3d 917 (Mass. 2015). · cites it 16× “In June, 2013, Joseph filed a complaint for modification in the Probate and Family Court, seeking termination of the alimony obligation under G. L. c. 208, § 49 (j), inserted by St. 2011, c.”
Rodman v. Rodman, 23 N.E.3d 922 (Mass. 2015). · cites it 6× “The motion asserted that the alimony reform act became effective March 1, 2012, and *540 that George therefore was entitled to termination of the alimony order pursuant to G. L. c. 208, §49 (f) (retirement provision), which provides that “general alimony orders shall terminate…”
Zaleski v. Zaleski, 13 N.E.3d 967 (Mass. 2014). · cites it 3× “12 See G. L. c. 208, § 49. General term alimony can be extended for “good cause” if there has been a material change in circumstances and the reasons are supported by “clear and convincing evidence.”
Hassey v. Hassey, 11 N.E.3d 661 (Mass. App. Ct. 2014). · cites it 4× “As created by the Act, G. L. c. 208, § 49, sets forth presumptive time limits for orders of general term alimony, based upon the length of the marriage.”
LISA M. JONES v. ANDREW D. JONES (& a Consol. case )., 101 Mass. App. Ct. 673 (Mass. App. Ct. 2022). · cites it 3× “ion in which the wife sought to enforce the husband's obligations to pay alimony and child support and the husband sought to decrease such obligations, the Probate and Family Court judge did not abuse his discretion in determining, based on detailed and precise factual findings,…”
Show all 58 citing cases →
— Mass. Gen. Laws ch. 208, § 49(a) — 1 case
Becker v. Phelps, 86 Mass. App. Ct. 169 (Mass. App. Ct. 2014).
— Mass. Gen. Laws ch. 208, § 49(b) — 1 case
Commonwealth v. Agogo (Mass. App. Ct. 2018).
— Mass. Gen. Laws ch. 208, § 49(b)(3) — 1 case
Commonwealth v. Agogo (Mass. App. Ct. 2018).
— Mass. Gen. Laws ch. 208, § 49(c) — 1 case
Hassey v. Hassey, 11 N.E.3d 661 (Mass. App. Ct. 2014). “As created by the Act, G. L. c. 208, § 49, sets forth presumptive time limits for orders of general term alimony, based upon the length of the marriage.”
— Mass. Gen. Laws ch. 208, § 49(e) — 3 cases
Hassey v. Hassey, 11 N.E.3d 661 (Mass. App. Ct. 2014). “As created by the Act, G. L. c. 208, § 49, sets forth presumptive time limits for orders of general term alimony, based upon the length of the marriage.”
Becker v. Phelps, 86 Mass. App. Ct. 169 (Mass. App. Ct. 2014).
Emery v. Sturtevant (Mass. App. Ct. 2017).
— Mass. Gen. Laws ch. 208, § 49(f) — 1 case
Flor v. Flor (Mass. App. Ct. 2017).
— Mass. Gen. Laws ch. 208, § 49(ƒ) — 1 case
DeMarco v. DeMarco, 53 N.E.3d 669 (Mass. App. Ct. 2016).
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