Boston Alimony Claims

DURING A DIVORCE AND POST DIVORCE

Alimony, sometimes called spousal support, is often an issue in divorce proceedings. Alimony is not determined according to principals of reward or punishment but is based upon the need of the recipient spouse and the ability of the other spouse to pay alimony. So, the spouse whose misconduct caused the breakup of the marriage will not pay more alimony for that reason. The exception is if the misconduct had a financial impact on the family. Spending substantial marital money on a relationship outside the marriage will definitely be accounted for in the divorce.

How can you estimate the amount of alimony that you might receive or pay? In Boston and Massachusetts there is no black and white formula to determine whether alimony is appropriate, or to determine the amount to be awarded.

In determining the amount of alimony, if any, to be paid, Massachusetts courts are required to consider the length of the marriage, the conduct of the parties during the marriage, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties and the opportunity of each for future acquisition of capital assets and income. The focus, however, is on two of these factors: the need for support and the ability to pay.

The purpose of alimony is to allow a dependent spouse to maintain the same standard of living after the separation and divorce as the couple enjoyed during the marriage. An easy way of thinking about it is this: if the total of all the living expenses ran, for example, $1,000 per week on the average, then the dependent spouse needs $1,000 per week (less those expenses that are exclusively for the other spouse.). With $1,000 weekly as a target, alimony should be in that amount, less that spouse's other income (from employment, interest, dividends and all other sources).

Alimony is different from child support in several ways. One important way is that alimony (when ordered by the court) is taxed to the recipient and the person paying the alimony gets a deduction for the amount paid. Another way they differ is that the amount of child support is governed by a formula (child support guidelines).

Post divorce modification of alimony is possible is some circumstances. If there has been a material change in the circumstances of the parties, the amount of alimony might be changed. But alimony will not be increased to support a higher lifestyle than existed during the marriage.

Here is another way that alimony differs from child support. Children are entitled to share in any improved financial circumstances of their parents. So, if the income of the parent paying child support doubles, child support will increase, although alimony will stay the same.

The Law Offices of Hans R. Hailey are located in Boston and Westwood, Massachusetts. Divorce and family law attorneys from the Law Offices of Hans R. Hailey frequently represent clients with family law matters in Boston and throughout Massachusetts.