Of course, an alimony payer can voluntarily agree to pay alimony for a longer period of time than the law requires. There are two other kinds of alimony in addition to the general term alimony described above. The other form of alimony is transitional support, which is paid for a period of time less than five years in order for a spouse to become self-supporting. The latter is usually for people who have been out of the work place and require time to become gainfully employed.
Interested in reading the Alimony Reform Act of ? Click here! Although you and your spouse may each earn money, one of you may earn significantly more. In all requests for alimony, the fundamental question that must be answered is whether there is a need for alimony by a spouse requesting support?
And, if there is a need by one spouse, does the other spouse have an ability to pay? This determination can be very subjective, and it is very important to consult an experienced divorce attorney, who can drill down into this issue to determine the appropriate amount that should be paid.
Finally, if there is also child support to be paid, then the amount of child support may impact the amount of alimony. The court may decide to include a marital separation that lasted a significant amount of time or a premarital cohabitation in which an economic partnership was recognized when it determines how long the couple was married.
The inability for a spouse to provide for his or her own support due to deficiency of property, employment opportunity or maintenance. A spouse who is incapable of providing for himself or herself because of the mental or physical abuse caused by the payor.
At Infinity Law Group, we know that the laws related to divorce , alimony and child support can be confusing. Our group of dedicated attorneys has the knowledge and experience necessary to help you through this difficult time. Please contact us today to discuss your situation.
Also, check out our Massachusetts Child Support Calculator. Call for a Free Consultation for your Massachusetts case. Jaye Samuels, Esq. About Gabriel Cheong, Esq. Massachusetts Alimony Calculator Select Dates. The court also has a right to order that neither party shall receive alimony payments. Spouses that wish to enter into a structured divorce settlement may choose to include alimony or waive it — subject to final approval by the court.
Since the tax implications of alimony payments are different from that of child support payments, an award of spousal support and its tax implications should be considered in any final divorce settlement. To schedule an initial consultation with a Massachusetts spousal support lawyer, contact Mavrides Law today.
The firm has offices in Boston and Quincy, Massachusetts. Commencing March 1, , the Alimony Reform Act of went into effect. Prior to the effective date of this landmark legislation, Massachusetts Judges were not guided by legislation and did not use a uniform formula or method for determining the amount of alimony to be paid or the duration it was required to be paid.
With the requirements of this legislation, the Judges are given guidance and a formula for determining alimony in each of the cases before them. This legislation also identifies different types of alimony: General term alimony, rehabilitative alimony for no more than 5 years , reimbursement alimony, and transitional alimony for no more than 3 years. Once issued, general term alimony in Massachusetts shall terminate upon the payor attaining the full retirement age. However, this legislation still gives a judge discretion to set a different alimony termination date or grant an extension for good cause shown.
Two Important Points : First, this legislation allows the judge to consider the co-habitation of the alimony recipient with a person for a continuous period of at least 3 months. Second, Income and assets of a payor's current spouse shall not be considered in the determination of alimony in a modification action with a former spouse.
Other issues, such as health insurance coverage and the payment of uninsured health-related expenses, must also be addressed. Access to life and disability insurances of a party and the duration of coverage is usually part of the analysis. Contact us to schedule an appointment. Currently, Massachusetts courts have not recognized any duty to support an unmarried co-habitant and do not recognize common law marriages.
0コメント