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Alimony Archives

Can Alimony Last Past the Scheduled Termination Date?

Alimony Massachusetts, Alimony Mass., Alimony Suffolk County, Alimony Middlesex County, Alimony Essex County, Alimony Norfolk County, Alimony Boston, Alimony Winthrop, Alimony East Boston, Alimony Revere, Alimony Danvers, Alimony Lynnfield, Alimony Marblehead, Alimony Swampscott, Alimony Nahant, Alimony Peabody, Alimony Salem, Alimony Saugus, Alimony Arlington, Alimony Belmont, Alimony Burlington, Alimony Cambridge, Alimony Everett, Alimony Malden, Alimony Medford, Alimony Melrose, Alimony North Reading, Alimony Reading, Alimony Somerville, Alimony Stoneham, Alimony Wakefield, Alimony Watertown, Alimony Wilmington, Alimony Winchester, Alimony Woburn, Alimony Brookline, Alimony Braintree, Alimony Milton, Alimony Quincy, Alimony Chelsea, alimony modification, , alimony reform act, alimony termination, When the Alimony Reform Act was enacted in 2011, it provided for set termination dates of General Term Alimony, which is the most common type of alimony in Massachusetts. Under the statute, M.G.L. c. 208 §49(b), General Term Alimony will terminate after a certain period of time, depending on how long a couple was married. The termination date is calculated as follows:

 

Length of Marriage How Long Will Alimony Last 0-5 years No more than 50% of the total number of months from the date of marriage … Read More »



Massachusetts Alimony Reform Act: When Does my Alimony Obligation Terminate?

In March 2012, the Massachusetts Alimony Reform Act became effective. Under the Alimony Reform Act, a spouse’s alimony obligation now has a termination date, whereas under previously Massachusetts alimony law, a spouse’s alimony obligation could last forever.

To determine when your alimony obligation will terminate, you first must know what kind of alimony you are paying. There are four categories of alimony in Massachusetts: General Alimony, Rehabilitative Alimony, Reimbursement Alimony, and Transitional Alimony.

General Alimony

General Alimony is the most common type of alimony. Under this type of alimony, a spouse’s alimony obligation lasts for a percentage of the length of the marriage.

For marriages lasting 5 years or less, a spouse’s alimony obligation lasts 50% the number of months the parties were married. For marriages lasting more than 5 years, but less than 10 years, a spouse’s alimony obligation is 60% the number of months the parties were married. For marriages lasting more than 10 years, but less than 15 years, a spouse’s alimony obligation is 70% the number of months the parties were married. For marriages lasting more than 15 … Read More »



Rehabilitative, Transitional, and Reimbursement  Alimony in Massachusetts

Q: What are Reimbursement Alimony, Rehabilitative Alimony, and Transitional Alimony?

A: There are 4 types of alimony under Massachusetts law. The four types are:

General Term Alimony Rehabilitative Alimony Reimbursement Alimony Transitional Alimony Rehabilitative Alimony Q: What is Rehabilitative Alimony?

A: By the statute’s definition, Rehabilitative Alimony for a recipient spouse who is expected to become economically self-sufficient by a predicted time, such as, without limitation, reemployment; completion of job training; or receipt of a sum due from the payor spouse under a judgment.

Q: When is a spouse eligible to receive Rehabilitative Alimony?

A: Rehabilitative Alimony is available to all spouses, regardless of how long they have been married.

Q: When Does Rehabilitative Alimony End?

A: Rehabilitative Alimony ends upon the first of the following to occur:

upon the remarriage of the recipient spouse, the occurrence of a specific event in the future that is outlined in the court order the death of either spouse; After 5 years. Q: Can Rehabilitative Alimony last longer than 5 years?

A: Yes, a spouse can file a complaint for modification upon a showing of compelling circumstances in the event that:

unforeseen events prevent the recipient spouse from being self-supporting at the end … Read More »



Child Support, Alimony & Taxes

Child Support, Alimony & TaxesWhen going through a divorce, there are many financial issues that spouses must address. Some of these financial issues have tax consequences, and other financial issues do not. One area where taxes come into play is support. Under Massachusetts Law, there are two categories of support.

The first category is alimony, which is the periodic payment of support by one spouse to another spouse for that other spouse’s support. Under the federal tax code, and Massachusetts tax law, the alimony paid by the payor spouse is tax deductible for the payor spouse, but taxable to the recipient spouse. That means that the alimony received by the recipient spouse is considered income, and it must be reported on that spouse’s tax returns.

The other category of support is child support, which is support paid by one spouse to another spouse for the support of the child(ren) of the marriage. Unlike alimony, child support is not tax deductible for the payor spouse, or taxable to the recipient spouse. Child support is considered a tax neutral payment.

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General Term Alimony: What is It?

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Q: What is General Term Alimony?

A: There are 4 types of alimony under Massachusetts law. The four types are:

General Term Alimony: the periodic payment of support to a recipient spouse who is economically dependent. Rehabilitative alimony: the periodic payment of support to a recipient spouse who is expected to become economically self-sufficient by a predicted time, such as, without limitation, reemployment; completion of job training; or receipt of a sum due from the payor spouse under a judgment. Reimbursement alimony: the periodic or one-time payment of support to a recipient spouse after a marriage of not more than 5 years to compensate the recipient spouse for economic or noneconomic contribution to the financial resources of the payor spouse, such as enabling the payor spouse to complete an education or job training. Transitional alimony: the periodic or one-time payment of support to a recipient spouse after a marriage of not more than 5 years to transition the recipient spouse to an adjusted lifestyle or location as a result of the divorce.

 

General Term Alimony is the most … Read More »



Rehabilitative, Transitional, and Reimbursement  Alimony in Massachusetts

Rehabilitative, Transitional, and Reimbursement Alimony in MassachusettsQ: What are Reimbursement Alimony, Rehabilitative Alimony, and Transitional Alimony?

A: There are 4 types of alimony under Massachusetts law. The four types are:

General Term Alimony Rehabilitative Alimony Reimbursement Alimony Transitional Alimony Rehabilitative Alimony Q: What is Rehabilitative Alimony?

A: By the statute’s definition, Rehabilitative Alimony for a recipient spouse who is expected to become economically self-sufficient by a predicted time, such as, without limitation, reemployment; completion of job training; or receipt of a sum due from the payor spouse under a judgment.

Q: When is a spouse eligible to receive Rehabilitative Alimony?

A: Rehabilitative Alimony is available to all spouses, regardless of how long they have been married.

Q: When Does Rehabilitative Alimony End?

A: Rehabilitative Alimony ends upon the first of the following to occur:

upon the remarriage of the recipient spouse, the occurrence of a specific event in the future that is outlined in the court order the death of either spouse; After 5 years. Q: Can Rehabilitative Alimony last longer than … Read More »



FAQ About Alimony in Massachusetts

Q: Will I have to pay alimony to my spouse? / Q: Will I receive alimony from my spouse?

FAQ About Alimony in MassachusettsA: The short answer is it depends. Based upon the Alimony Reform Act of 2011, there are many factors that have to be considered to determine if a spouse will have to pay alimony during or after a divorce.

Q: What are some of the factors that are considered to determine if I will pay/receive alimony?

A: Every case is different in what is considered whether a spouse will pay/receive alimony, but generally, there are some of the factors that are considered:

Do you have any unemancipated children? What is the combined gross income for you and your spouse? the length of the marriage; age of the parties; health of the parties; income, employment and employability of both parties, including employability through reasonable diligence and additional training, if necessary; economic and non-economic contribution of both parties to the marriage; marital lifestyle; ability of each party to maintain the marital lifestyle; lost economic opportunity … Read More »



How Much Alimony Will I Get?

In any divorce, a common question divorce attorneys get is “Will I get alimony, and if so, how much?” In Massachusetts this is determined under the Alimony Reform Act of 2011, which is codified at Massachusetts General Laws c. 208 §§48-54. Under the Alimony Reform Act, there are 4 different categories/types of alimony: 1) General Term Alimony; 2) Rehabilitative Alimony; 3) Reimbursement Alimony; and 4) Transitional Alimony.

alimony

Under Massachusetts law, the Probate and Family Court must consider several factors to determine: a) whether either spouse is entitled to alimony; b) what type of alimony a spouse is entitled to; and c) how much alimony is a spouse entitled to. These factors are:

 

the length of the marriage; age of the parties; health of the parties; income, employment and employability of both parties, including employability through reasonable diligence and additional training, if necessary; economic and non-economic contribution of both parties to the marriage; marital lifestyle; ability of each party to maintain the marital lifestyle; lost economic opportunity as a result of the marriage; and such other factors as the court considers relevant and material.

 

Although many of these factors are … Read More »



Am I Going to Have to Pay Alimony?

alimonyWith the enactment and implementation of the Alimony Reform Act in 2012, a popular topic among divorcing spouses is whether one spouse will be required to pay the other spouse alimony. With the Alimony Reform Act, the guidelines and requirements for awarding alimony have changed. At the cornerstone of alimony is case law that has been on the books for at least 40 years, in which alimony is awarded where there is financial need for the recipient spouse, and the payor spouse has an ability to pay the support. This case law has not been changed by the Alimony Reform Act.

The Alimony Reform Act, rather, has clarified when alimony is appropriate, and how long an alimony order can last. Under M.G.L. c. 208 §53, the factors to be considered in awarding alimony are:

a court shall consider: the length of the marriage; age of the parties; health of the parties; income, employment and employability of both parties, including employability through reasonable diligence and additional training, if necessary; economic and non-economic contribution of both parties to the marriage; marital lifestyle; ability of each party to maintain the marital lifestyle; lost economic opportunity … Read More »



Winning the Lottery and Then Getting Divorced

lottery articleThe odds of any person winning the lottery are very slim. However, if someone does win the lottery, and he/she is married at that time, under Massachusetts law, the lottery winnings are a marital asset. Under Massachusetts law, all property owned by one spouse individually, or both spouses jointly, is considered marital property. That means, if after winning the lottery, the spouses then divorce, the lottery winnings are part of the marital estate to be divided in the divorce; there is no presumption that the spouse who won the lottery gets to keep all of winnings.

If the spouse who won the lottery wants to protect these winnings from being divided in a divorce, then the spouses can negotiate and enter into a Postnuptial Agreement. A Postnuptial Agreement is like a Prenuptial Agreement, but it is drafted and signed after spouses marry. In such an agreement, the parties can to agree to include or exclude certain assets in the marital estate in the event of a divorce or separation. In Massachusetts, Postnuptial Agreements are considered legally binding and valid as long as the agreement is fair and reasonable, and there has … Read More »



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