Can Your Incarcerated Ex Still Collect Alimony in Massachusetts?

So your ex is doing time in jail, but you are the one paying for it? It sounds like a bad joke, but it happens more than we think. In Massachusetts, a former spouse can sometimes keep collecting alimony even after being incarcerated. 

Massachusetts courts don’t automatically cut off alimony when life circumstances change. Instead, the Probate & Family Court looks at whether there’s been a “material change in circumstances” since the original judgment. That standard comes from the Massachusetts Supreme Judicial Court’s decision in Schuler v. Schuler, 382 Mass. 366, 368 (1981), which remains essential for modification actions. 

In Middlesex and Essex counties, Probate & Family Court judges typically apply the same “material change in circumstances” standard when considering alimony modification requests. Local practice and judicial discretion can influence outcomes, so it’s important to present clear evidence of how incarceration affects the financial situation of both parties. At Wright Family Law Group, we represent clients in these counties seeking alimony modifications, helping ensure the court has the strongest evidence before it. 

KEY TAKEAWAYS 

• Massachusetts law does not automatically end alimony when a spouse is incarcerated. 
• Judges use a “material change in circumstances” test under Schuler v. Schuler. Both the recipient’s needs (reduced vs. ongoing) and the payor’s ability to pay matter. 
• Outcomes related to alimony and incarceration depend on local judicial discretion in Massachusetts probate and family court. 
• Filing a complaint for an alimony modification is required to terminate or modify alimony, and doing this as soon as possible when circumstances change will be the fastest path to find relief. 

WHY JAIL COMPLICATES ALIMONY

There are many reasons why jail affects or can complicate alimony.  Incarceration reduces some expenses (housing, food) but doesn’t eliminate all needs.  This is important because judges must balance whether jail lessens or increases financial dependency in modification actions in Probate & Family Court. 

Massachusetts Context: 

• Alimony is based on the need of the recipient spouse versus ability to pay of the spouse who may be subject to the order (M.G.L. c. 208, §§ 34, 53). 

COMMON ALIMONY MODIFICATION SCENARIOS IN MASSACHUSETTS INVOLVING INCARCERATION

Alimony disputes involving incarceration don’t happen every day, but when they do, they usually fall into a few patterns: 

• Short-term incarceration during ongoing payments: A recipient spouse serving a short county sentence may argue their financial needs continue. 
• Longer prison terms: A multi-year sentence may drastically reduce the recipient’s expenses and affect their ability to earn after release. 
• Repeat filings for modification: A payor spouse may file for alimony modification when the ex is incarcerated, and again after release if circumstances change. 
• Payor hardship cases: The paying spouse’s own financial situation may not allow continued support while also managing their own household obligations. 

Signals to Watch: 

• You learn your ex has been incarcerated through public records or social media. 
• Alimony payments continue despite their reduced day-to-day living expenses. 
• You’re struggling to meet both your own financial obligations and the ongoing support order. 
• Your ex (or their attorney) still requests funds for expenses like canteen money or phone calls. 

HOW TO PROTECT YOURSELF (STEP-BY-STEP)

If you’re paying alimony and your former spouse is incarcerated, don’t assume the obligation ends automatically. In Massachusetts, you need to take proactive steps: 

1. Confirm incarceration status 

Use the Massachusetts Department of Correction Inmate Locator or call the local House of Correction to confirm your ex’s custody status. 

2. Collect financial documentation 

Gather recent pay stubs, household bills, and any other records that show your own financial situation. Courts weigh both your ability to pay and your ex’s reduced (or ongoing) needs. 

3. File a Complaint for Modification 

This is the legal mechanism in Probate & Family Court to request a change in your alimony order. You’ll need to show incarceration is a “material change in circumstances.”

4. Consult a family law attorney 

Each case is fact-specific. An attorney can frame the strongest argument, anticipate objections, and present evidence effectively.

5. Plan for release 

Remember, circumstances may change again once your ex leaves custody. Courts sometimes revisit alimony when employment prospects or financial need shifts post-incarceration. 

FAQs

Q1: Does jail automatically end alimony in Massachusetts? 

A1: No. In Massachusetts, alimony doesn’t automatically stop when a spouse is incarcerated. A judge must decide if jail is a “material change in circumstances.” 

Q2: What qualifies a spouse for alimony in Massachusetts if they are incarcerated? A2: Yes, an incarcerated spouse may still qualify. Judges look at factors like the length of the marriage, financial need, and ability to earn income. Jail may reduce some expenses, but it doesn’t automatically disqualify someone from alimony. 

Q3: Is alimony taxable in Massachusetts if my ex is in jail? 

A3: No. Under current federal law, alimony is not taxable income for the recipient and not deductible for the payor for divorces finalized after 2019. Incarceration doesn’t change that rule. 

What to Bring to an Alimony Modification Consultation

• Proof of incarceration (DOC inmate locator record or booking paperwork). This is the link: Proof of incarceration
• Recent pay stubs (last 3 months) 
• Last 2 years of tax returns 
• Bank and retirement account statements 
• Mortgage, rent, and household bills 
• Copy of the current alimony order 
• Any correspondence or requests for money from your ex while incarcerated

Bottom Line

In Massachusetts, alimony doesn’t just stop because your ex is behind bars. Judges look at whether incarceration truly changes financial needs and your ability to pay. That means you could still be on the hook unless you take action. If your ex is incarcerated, don’t wait — confirm their custody status, gather financial records, and file a Complaint for Modification to protect yourself. Every case is unique, and Massachusetts divorce and family court judges have broad discretion, so having the right evidence and representation matters.

Get Your Future on the Wright Track — Schedule Your Free 15 Minute Discovery Call Today!

Wright Family Law Group serves clients across Massachusetts, including Middlesex, Essex, Suffolk, Plymouth, Norfolk, Bristol, Worcester, and Barnstable counties, from our offices in Tewksbury and Danvers, conveniently located near Route 495, Route 95, and Route 93.

Whether you’re facing divorce, custody disputes, child support, or another family law challenge, the time to act is now. Schedule your free 15-minute discovery call today and get the guidance you need to move forward with confidence.
General information based on Massachusetts law; not legal advice. Outcomes depend on facts. For advice, consult an attorney.