Your question: How is alimony decided in Massachusetts?

Figures are based on the amount and duration of “General Term Alimony”. Under the new law, the amount of alimony can be between 30-35% of the payor’s income. The duration of the alimony obligation depends on the length of the marriage (see table below).

How long do you have to be married to get alimony in Massachusetts?

Marriages of 20 years or less — Alimony can’t be required for more than 80 percent of the number of months you were married. Marriages of more than 20 years — The court can award alimony for as long as the judge thinks is fair.

How can I avoid alimony in Massachusetts?

The only way to completely avoid the possibility of alimony in MA is to never get married in the first place. A prenuptial agreement also provides some protection and can substantially reduce your risk. However, if you’re married without a prenuptial agreement, alimony is a possibility.

Is Ma A 50/50 divorce state?

The state of Massachusetts is not a 50/50 state.

IMPORTANT:  Will I have to get a job after divorce?

This means that, if the court must decide, all the property, assets, and liabilities are not necessarily divided equally between the two parties, as is the case in some states. Rather, the state of Massachusetts is an equitable division state.

What is the average alimony payment in Massachusetts?

Legal Practice Tools: Massachusetts Family Law

Under the new law, the amount of alimony can be between 30-35% of the payor’s income. The duration of the alimony obligation depends on the length of the marriage (see table below).

Can a spouse decline alimony?

Parties may agree to any alimony arrangement that they wish without having to have the judge decide the issue. The parties’ agreement should be reflected in the court order. If there is not a written agreement or a court order, your spouse can stop paying alimony at any time.

Does the husband always have to pay alimony?

Answer: Yes, Husband will likely have to pay alimony and the answers to the remaining questions may vary depending on a number of factors. Financial resources of each party: The court will consider whether Wife has financial resources other than Husband’s income with which to support herself.

Can a cheating spouse get alimony?

While the short answer is that a spouse’s bad behavior doesn’t affect alimony – there are exceptions. Many times, marital misconduct creates ripples across all parts of a couple’s life. If those ripples are provable and significant, it might be considered as part of property division, child support, or alimony.

How long does alimony last?

10-20 years – On average, you can expect to pay alimony for about 60 to 70 percent of the length of your marriage. So, if you were married for 20 years, your alimony will likely last between 12 and 14 years. However, this can change considerably based on individual circumstances and the judge overseeing your case.

IMPORTANT:  Is divorce a genetic trait?

Who gets the house in a divorce in Massachusetts?

Is a Home Marital Property? One of the most important questions to answer is when a home was acquired. If it was bought during the marriage that’s now ending, it counts as marital property and will be included in divorce proceedings as such. In this case, all property—including the home—must be divided equitably.

How does length of marriage affect divorce?

California law (Family Code Section 4336(a)) says that where a marriage is “of long duration,” the court “retains jurisdiction” indefinitely after the divorce is completed, unless the spouses agree otherwise. … The order also ends the court’s jurisdiction after three years.

Who stays with the house in a divorce?

In the state of California, under community property rules, this house belongs to both spouses in almost all cases. If the house was purchased or acquired during the course of the marriage, then both spouses have an ownership stake in the home. This is true even if only one spouse was working and paid for the house.

What is normal spousal support?

Common methods for calculating spousal support typically take up to 40% of the paying spouse’s net income, which is calculated after child support. 50% of the recipient spouse’s net income is then subtracted from the total if he or she is working.

Is alimony based on gross or net income?

Alimony serves to help the spouse maintain a comparable standard of living. Alimony calculation uses gross income because this represents the standard of living the parties lived prior to the divorce.

IMPORTANT:  Best answer: How often does a divorced couple remarry?

Does alimony stop at retirement in Massachusetts?

In Massachusetts, alimony can be terminated at retirement, at which point the spouse can receive Social Security. According to Title III, Chapter 208, Section 49(f), “Once issued, general term alimony orders shall terminate upon the payor attaining the full retirement age.”