Alimony is the spousal support required by one of the partners during divorce. It is a legally authorized amount a person has to pay, as stated in the court’s judgment. In some cases, it becomes a legal obligation for one spouse to provide financial support to the other. If the spouse is unwilling to provide support, one should get legal help today.
In Massachusetts, the alimony laws are defined to ensure fairness and financial stability for both partners. For anyone going through a divorce, a family law attorney facilitates the framework through which a client can demand alimony.
Types of Alimony
There are four main categories of alimony: general term, rehabilitative, transitional, and reimbursement. General term alimony is the most common form, intended to provide support to the recipient spouse for a set period, allowing them to become financially stable.
Similarly, transitional alimony is provided briefly to help a spouse become independent or adjust to the new lifestyle post-divorce. However, the only difference is that it is only granted when the recipient spouse needs assistance transitioning from married life to single life if there is a significant disparity in the standard of living.
Rehabilitative alimony is granted when the recipient spouse is undergoing necessary education, training, or skill development programs. Lastly, reimbursement alimony is awarded to compensate a spouse for financial contributions made during the marriage. It is done to benefit the other spouses’ earning capacity.
Factors that Determine Alimony
The court thoroughly evaluates different factors before giving a judgment for alimony. The duration of marriage is directly proportional to the amount and duration of alimony. Furthermore, the court examines both parties’ financial situation, evaluating their property division, differentiation in investments, and debt repayments.
Alimony can be awarded for an indefinite period. Therefore, a family law attorney assesses the income, assets, and liabilities of the spouses before drafting the alimony plea. The financial needs and resources of both spouses should be considered. The goal is to ensure both parties attain a financially stable equilibrium after the divorce.
Age and health are two other significant factors that contribute to alimony. Older or less healthy spouses require more support, while younger and healthier spouses expect less. The court assesses each spouse’s employability and potential income before stating the clause for spousal support.
During the courtroom sessions, the attorneys represent non-economic and economic contributions to the household. Evidence and testimonies of the witnesses will back up these arguments pertinent to the divorce.
The court will consider the lifestyle enjoyed during the marriage. This is done to ensure the recipient spouse can maintain a similar standard of living after the marriage ends.
Modification or Termination of Alimony
Like most court orders pertaining to divorce cases, alimony orders can also be modified or terminated. Changes to alimony are typically based on circumstantial changes in the couple’s lives. Additionally, for orders with a specified duration, payments will automatically be terminated at the end of the clause.
The paying spouse can immediately request a termination or reduction of alimony if the recipient partner gets married or enters a cohabitation relationship. Significant changes in any of the spouses’ financial conditions also affect the alimony amount. The court evaluates the changes in the financial status and thereby can issue a warrant to modify or terminate the previous order.
Alimony laws are designed to ensure fairness and financial viability for spouses undergoing divorce. Family law attorneys prepare clients for mediation or litigation so that they can communicate their alimony requests to the court. They also ensure the client’s rights and interests are protected when the court grants the alimony.
