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Whether or not alimony should be paid to one spouse by the other is often one of the more difficult issues to resolve in a divorce dispute. Often the question of whether to provide for alimony, how much to provide and for how long generates the most intense conflict during divorce negotiations. Also, because there are no real guidelines for judges to follow in awarding alimony, an attorney will have a difficult time giving clients any certainty on how much, if any alimony, would be awarded by a judge in any specific case.
That being said, there are a few general guidelines about alimony in a Massachusetts divorce. Alimony awards are gender neutral; both men and women can be ordered to pay alimony to a spouse. Alimony awards are based upon the need of one spouse for financial support, and the ability of the other spouse to pay. Alimony is more likely to be an issue in a long-term marriage where the earning capacity of one spouse is significantly lower than the earning capacity of the other. Alimony also comes up in a marriage of any length if one party is unable to work and may be forced onto public assistance in the absence of an alimony award.
Alimony awards are less likely in a short-term marriage, or where both parties have relatively equal incomes and earning capacities. If alimony is awarded in the context of a short-term or medium-term marriage, it is more likely to be time-limited. If the payor spouse has a large and long-term child support payment to meet, an award of alimony to the payee spouse while child support is being paid is less likely.
In cases where alimony is involved, we use state-of-the-art financial planning software to ensure that any payments between spouses are structured in the most tax-advantaged way possible.
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Bolgen & Bolgen 390 Main Street, Suite 203, Woburn, MA 01801 Phone:
781-938-5819 Fax: 781-938-7421
Copyright © 2005-2008 Bolgen & Bolgen. All rights reserved. These materials have been prepared by Bolgen & Bolgen for informational purposes only and are not legal advice. The material posted on this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional counsel.
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