M.G.L.A. 208 Sec. 34
MASSACHUSETTS GENERAL LAWS
CHAPTER 208 Sec. 34
Sec. 34. Alimony and Division of Property
- Upon divorce or upon a complaint in an action brought at any time after a
divorce, whether such a divorce has been adjudged in this commonwealth or
another jurisdiction, the court of the commonwealth, provided there is personal
jurisdiction over both parties, may make a judgment for either of the parties
to pay alimony to the other. In addition to or in lieu of a judgment to pay
alimony, the court may assign to either husband or wife all or any part of the
estate of the other, including but not limited to, all vested and nonvested
benefits, rights and funds accrued during the marriage and which shall include,
but not be limited to, retirement benefits, military retirement benefits if
qualified under and to the extent provided by federal law, pension,
profit-sharing, annuity, deferred compensation and insurance. In determining
the amount of alimony, if any, to be paid, or in fixing the nature and value of
the property, if any, to be so assigned, the court, after hearing the
witnesses, if any, of each party, shall consider the length of the marriage,
the conduct of the parties during the marriage, the age, health, station,
occupation, amount and sources of income, vocational skills, employability,
estate, liabilities and needs of each of the parties and the opportunity of
each for future acquisition of capital assets and income. In fixing the nature
and value of the property to be so assigned, the court shall also consider the
present and future needs of the dependent children of the marriage. The court
may also consider the contribution of each of the parties in the acquisition,
preservation or appreciation in value of their respective estates and the
contribution of each of the parties as a homemaker to the family unit. When
the court makes an order for alimony on behalf of a spouse, said court shall
determine whether the obligor under such order has health insurance or other
health coverage available to him through an employer or organization or has
health insurance or other health coverage available to him at reasonable cost
that may be extended to cover the spouse for whom support is ordered. When
said court has determined that the obligor has such insurance or coverage
available to him, said court shall include in the support order a requirement
that the obligor do one of the following: exercise the option of additional
coverage in favor of the spouse, obtain coverage for the spouse, or reimburse
the spouse for the cost of health insurance. In no event shall the order for
alimony be reduced as a result of the obligor's cost for health insurance
coverage for the spouse.
©1996 Sharyn T. Sooho
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