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Alimony and Spousal Support

Alimony and Spousal Support

Alimony and spousal support both refer to financial payments made from one spouse to another following a divorce or separation. These payments are intended to provide financial support to the lower-earning or non-earning spouse to aid them in maintaining a standard of living similar to that enjoyed throughout the duration of the marriage. The terms are often used interchangeably, though the specifics can vary depending on the jurisdiction.

The Role of a Lawyer in Your Alimony and Spousal Support Case

We are here to explain your rights and help devise a strategy tailored to your unique circumstances, whether you’re seeking alimony or aiming to understand and evaluate your obligations to pay support. Our experienced attorneys meticulously evaluate both parties' financial situations considering income, assets, debts, length of marriage and other factors to determine fair alimony amounts and duration. To ensure a strong case, we thoroughly document every detail, accurately completing and filing all necessary paperwork, including financial statements, to support your claim and avoid costly errors.

With King and Farrell Law's extensive experience navigating the Probate and Family Court system, you can trust that your interests will be represented effectively throughout the duration of your matter. Whether that involves negotiating to reach a resolution or proceeding to court, our skilled attorneys will present your case effectively to achieve the best possible outcome for your unique needs.

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Alimony and spousal support in Massachusetts

 In divorce cases in which alimony is awarded by the court, there are four main types of alimony: 


  • General Term Alimony: This is alimony in which regular payments are made to an ex-spouse who relies financially on the former spouse. The duration of this support is often tied to the length of the marriage, with longer marriages typically resulting in longer payment periods.
  • Rehabilitative Alimony: In this situation, payments are issued over a period of time in order to help a spouse become self-supporting following the divorce within a predicted timeframe.
  • Reimbursement Alimony: This is support paid regularly or one time after a marriage of no more than five (5) years to make up for costs that the ex-spouse paid to help the paying spouse including, but not limited to, payments made to complete an education or job training. 
  • Transitional Alimony: Transitional alimony can be support paid regularly or may be a one-time payment made to an ex-spouse after a short marriage of no more than 5 years. This type of alimony is designed to help the receiving spouse settle into a new lifestyle or relocate following the divorce.


Several factors determine alimony amount and duration. For general term alimony, the length of the marriage is a significant factor in this decision. For marriages less than 20 years duration, there are guidelines in place for a presumed maximum alimony duration based on the specific number of years the marriage lasted. Additionally, the court considers the income disparity between spouses, individual needs, and the ability for each party to be able to support themselves outside of the marriage. 

It's important to note that while the aforementioned information is based on statue and case law, a judge has the ability to make discretionary decisions based on the specifics of your situation.

Frequently Asked Questions About Alimony and Spousal Support

Please reach us at meagan@kingandfarrell.com if you cannot find an answer to your question.

Those seeking a divorce or already divorced may receive alimony. The court may use the following factors to determine alimony amounts:

●  Length of the marriage.

●  Conduct of the parties.

●  Age of involved individuals.

●  Health of each party.

●  Income and sources of income.

●  Employability of the parties and vocational skills of individuals.

●  Contributions of the parties during the marriage, both economic and non-economic.

●  Marital lifestyle, and the ability to maintain said marital lifestyle.

●  Lost economic opportunity due to the marriage or divorce.

●  Any other factors the court considers relevant and material.


 

Yes, alimony payments can be increased or decreased in Massachusetts under certain conditions. The state’s laws provide mechanisms for modifying alimony based on a material change in circumstance. 


Conditions for a Modification:

  1. Material and/or Substantial Change in Financial Circumstances: If either the payer or the recipient experiences a substantial change in their financial situation, such as job loss, significant salary increase, or retirement, they may be able to request an adjustment to the alimony payments.
  2. Health Issues: Significant health problems or disabilities that affect either party’s ability to earn an income can be grounds for modifying alimony.
  3. Remarriage or Cohabitation: If the recipient remarries or begins cohabiting with another person in a manner akin to marriage, the payor can seek to reduce or terminate alimony.
  4. Completion of Education or Training: If the recipient completes an educational program or training that improves their earning capacity, this may be grounds for a reduction in alimony.


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King and Farrell Law

7 Parker Road, Osterville, Massachusetts 02655, United States

(508) 464-9290

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King & Farrell Law LLC

Mailing Address: P.O. Box 1060 Osterville, MA 02655

(508) 464-9290

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