Can I Afford to Get Divorced? Legal Options for Financially Dependent Spouses in Massachusetts
Ending a marriage is difficult under any circumstances, but it becomes even more daunting for those who rely on their spouse for financial support. Many people—especially stay-at-home parents—dedicate years to managing the household and raising children, often sacrificing career advancement or income. When divorce becomes inevitable, the fear of losing financial security can be paralyzing. Fortunately, Massachusetts law offers protections for spouses in this situation. When a Spouse Controls the Finances It’s not uncommon for one spouse to control all the household finances while the other lacks access to income or bank accounts. In some cases, the higher-earning spouse may attempt to intimidate or pressure the other by threatening to cut off funds, stop paying bills, or refuse to pay for housing or groceries. This is often a form of financial intimidation, and it can be used to delay or discourage the dependent spouse from filing for divorce. However, Massachusetts courts are well aware of this tactic. Judges are prepared to step in to ensure that one spouse does not unfairly use money as leverage during the divorce process. Understanding Your Rights Under Massachusetts Law Massachusetts treats most assets and income acquired during the marriage as marital property, regardless of whose name is on the paycheck or account. This means both spouses have a claim to the financial resources accumulated during the marriage. Here are key legal protections available to financially dependent spouses: Temporary Support Orders: After filing for divorce, a dependent spouse can ask the court for temporary spousal support (alimony) or temporary child