Massachusetts General Laws Chapter 208 - Divorce

Massachusetts recognizes both fault and no-fault grounds for divorce. Fault grounds include adultery, impotency, utter desertion for one year, gross intoxication from alcohol or drugs, cruel and abusive treatment, and gross refusal to provide support. Either spouse may also file on the no-fault ground of 'irretrievable breakdown of the marriage' under Sections 1A or 1B.

Effective: 2024

When both spouses agree the marriage is irretrievably broken, they may file a joint petition accompanied by a sworn affidavit and a notarized separation agreement. The court reviews whether the agreement makes proper provisions for custody, support, alimony, and property division. If approved, the divorce becomes final (absolute) 120 days after the judge enters the judgment nisi.

Effective: 2024

Either spouse may file for divorce based on irretrievable breakdown without the other's agreement. A mandatory six-month waiting period applies before the court may hold a hearing. If the court finds a continuing irretrievable breakdown, it enters a judgment of divorce nisi that becomes absolute 90 days later. The six-month wait may be waived if the opposing spouse files a fault-based complaint that is consolidated.

Effective: 2024

The person filing for divorce must have been domiciled in Massachusetts for at least one year before filing. If both spouses lived in Massachusetts and the cause of divorce occurred here, there is no minimum residency period — the filing spouse need only be domiciled in the state at the time of filing. A person who moves to Massachusetts solely for the purpose of obtaining a divorce does not satisfy this requirement.

Effective: 2024

Massachusetts follows equitable distribution — the court may assign all or any part of either spouse's estate to the other. There is no presumption of a 50/50 split. The court must consider: length of the marriage, conduct of the parties, age, health, station, occupation, income, vocational skills, employability, estate, liabilities, needs, opportunity for future capital acquisition, and the contribution of each party (including as a homemaker). This is an 'all-property' state — assets acquired before or during marriage are all subject to division.

Effective: 2024

Section 34 explicitly includes 'all vested and nonvested benefits, rights and funds accrued during the marriage' in the divisible estate — specifically retirement benefits, military retirement benefits, pensions, profit-sharing plans, annuities, deferred compensation, and insurance. Division is typically accomplished through a Qualified Domestic Relations Order (QDRO) for private plans or a Domestic Relations Order (DRO) for Massachusetts public employee pensions under Chapter 32.

Effective: 2024

When the court orders alimony or support for a spouse or children, it may require the paying spouse to provide sufficient security to guarantee payment. All support orders must conform to Chapter 119A, Section 12, which provides enforcement mechanisms including wage assignment and income withholding through the Department of Revenue.

Effective: 2024

Both parents' rights are equal in the absence of misconduct — the child's happiness and welfare determine custody. The court must consider whether living conditions adversely affect the child's physical, mental, moral, or emotional health. Upon filing, parents receive temporary shared legal custody automatically unless the judge finds it would not serve the child's best interests. There is no presumption favoring shared physical custody. If shared custody is contested, parties must submit an implementation plan covering education, healthcare, and dispute resolution.

Effective: 2024

If the court finds by a preponderance of evidence that a parent committed a pattern or serious incident of abuse, a rebuttable presumption arises that custody (sole, shared legal, or shared physical) should not be awarded to that parent. The presumption may be overcome if the other parent proves custody with the abusive parent serves the child's best interests. If visitation is granted to an abusive parent, the court must order safety measures such as supervised exchanges, supervised visitation, batterer's treatment completion, or substance abstinence.

Effective: 2024

The court applies the Massachusetts Child Support Guidelines (promulgated by the Chief Justice of the Trial Court, most recently updated December 1, 2025) using the income shares model — both parents' incomes are considered. The guidelines amount creates a rebuttable presumption of the correct support amount. Support covers minor children until emancipation: age 18 or high school graduation, extended to age 21 if the child lives with and depends on a parent, or age 23 if enrolled in an undergraduate program. The court may order health insurance if available at reasonable cost (≤5% of gross income) and accessible (within 15 miles).

Effective: 2024

For unmarried parents, after paternity is established, the court may award custody to either parent, jointly, or to another suitable person in the child's best interests. Joint custody requires either a written agreement or proof that parents have successfully shared responsibility and can communicate about the child. Before paternity is established, the mother has sole custody by default. The same abuse presumption from Section 31A of Chapter 208 applies.

Effective: 2024

The 2011 Alimony Reform Act (effective March 1, 2012) defines four types of alimony: (1) General term alimony — periodic payments to an economically dependent spouse; (2) Rehabilitative alimony — payments until a spouse becomes self-sufficient through reemployment or training; (3) Reimbursement alimony — compensation for contributions to the other spouse's education or career (marriages ≤5 years, non-modifiable); (4) Transitional alimony — support to adjust lifestyle or location after a short marriage (≤5 years).

Effective: 2024

General term alimony has statutory duration caps based on marriage length: marriages ≤5 years receive up to 50% of the months married; 5–10 years up to 60%; 10–15 years up to 70%; 15–20 years up to 80%. Marriages over 20 years may receive indefinite alimony. Alimony terminates upon the recipient's remarriage, either spouse's death, or the payor reaching full Social Security retirement age. It may be suspended, reduced, or terminated if the recipient cohabits with another person for 3+ continuous months.

Effective: 2024

Alimony should generally not exceed the recipient's need or 30–35% of the difference between the parties' gross incomes. The court considers: length of marriage, age, health, income, employment and employability, economic and non-economic contributions, marital lifestyle, each party's ability to maintain that lifestyle, and lost economic opportunity due to the marriage. The income cap and percentage guideline do not apply to reimbursement alimony.

Effective: 2024

After an initial alimony or support judgment, either party may petition the court to revise the amount at any time based on a material change of circumstances. The court may make any revised judgment it could have made in the original action. For foreign divorce judgments where both parties are Massachusetts domiciliaries, the court may modify support in the same manner as a Massachusetts-issued order, but it cannot modify property division from a foreign jurisdiction.

Effective: 2024

Divorce actions are filed in the Probate and Family Court of the county where either spouse lives. However, if either spouse still resides in the county where the couple last lived together, the case must be filed in that county. This ensures cases are heard close to where the family has ties.

Effective: 2024

During a pending divorce, either spouse may ask the Probate and Family Court for an order prohibiting the other from imposing any restraint on their personal liberty. The court may also order a spouse to vacate the marital home under this section. These protections operate alongside the automatic restraining order (Supplemental Rule 411) that prohibits both parties from selling, transferring, or hiding assets or changing insurance beneficiaries during the divorce.

Effective: 2024

While the divorce is pending, the court may enter temporary orders regarding the custody of minor children. This allows the court to stabilize the children's living situation before a final judgment is reached. Temporary orders remain in effect until modified or replaced by the final divorce judgment.

Effective: 2024

The court may continue a divorce action on the docket without entering a final judgment and, during that continuance, order a temporary separation of the spouses, separate maintenance for either spouse, and temporary custody and support of minor children. This provides flexibility for cases where the court believes reconciliation may be possible or where more time is needed.

Effective: 2024

The court may order a spouse to vacate the marital home for up to 90 days (extendable) if it finds the health, safety, or welfare of the other spouse or minor children would be endangered otherwise. The opposing party must receive at least 3 days' notice before the hearing. In emergencies showing substantial likelihood of immediate danger, the court may issue a temporary ex parte order and schedule a hearing within 5 days.

Effective: 2024

Separate from the divorce statute, Chapter 209A allows victims of domestic abuse to obtain protective orders against family members, household members, or dating partners. Abuse includes causing physical harm, placing someone in fear of imminent serious harm, or forcing sexual relations. As of 2024, 'coercive control' — a pattern of threatening, intimidating, isolating, or controlling behavior — is also recognized as abuse. Violations are criminal offenses punishable by up to $5,000 fine and 2.5 years imprisonment.

Effective: 2024

When the court issues an order to vacate (§34B) or a restraining order (§18), the clerk must transmit certified copies to law enforcement for in-hand service on the defendant. Officers must use every reasonable means to enforce the order. Violations are punishable by up to a $5,000 fine, 2.5 years imprisonment, or both. Each order must include a written warning that violation is a criminal offense.

Effective: 2024

Before marriage, parties may execute a written contract designating that all or part of their property shall remain separate property. Massachusetts courts apply a two-step validity test: the agreement must be (1) fair and reasonable at the time of execution, with full financial disclosure and voluntary consent, and (2) conscionable at the time of divorce (the 'second look' doctrine from DeMatteo v. DeMatteo). An agreement that strips one party of substantially all marital interests may be deemed unenforceable.

Effective: 2024

After a judgment of divorce becomes absolute (after the nisi period expires — 120 days for uncontested or 90 days for contested divorces), either party may remarry as if the other were deceased. Neither party may remarry during the nisi period while the divorce is not yet final.

Effective: 2024

A divorce may be granted if either spouse has been sentenced to confinement for life or for five or more years in a federal or state penal institution. This provides a path to dissolution when one spouse faces long-term incarceration, without requiring proof of irretrievable breakdown.

Effective: 2024

The court may order the payor spouse to maintain life insurance or provide other reasonable security to ensure alimony payments continue if the payor dies during the alimony term. This protects the recipient spouse's financial security and can be modified if circumstances change, such as a reduction in the alimony obligation or a change in the payor's ability to maintain coverage.

Effective: 2024