Unlike child support, there are no hard, fast mathematical calculations or formulas for determining one's right to receive or obligation to pay alimony. Most cases fall into a gray area where judges use their own discretion when deciding whether to order spousal support, how much to award, and for how long.
Whether Your Marriage Was Short-Term or Long-Term Makes a Difference When it Comes to Alimony
In long-term marriages, alimony is paid to provide the economically dependent party with financial backing in order to provide the same lifestyle he or she had during the term of the marriage.
In short-term marriages of less than five years, alimony is rarely ordered, however if it is the trend is labeling it reimbursement alimony or transitional alimony. The parties may benefit by paying alimony over a period of time - as installments - to compensate for the recipient spouse giving up some property. The benefit is that alimony payments are tax deductible to the obligor.
Two Important Considerations of a Worcester Alimony Case
- Tax Effect of Alimony: Unlike child support payments, alimony payments are considered taxable income to the recipient and taken as a deduction by the obligor. Given the disparity in income between the parties, our attorneys often recommend allocating support payment between alimony and child support to get the maximum tax benefit for the family unit.
- Should Your Agreement Survive or Merge? Each of the Probate and Family Courts will require that a Separation Agreement specifically address the issue of any past, present, or future right to alimony. Specifically, the Agreement should state whether each of those rights survive or merge. Those that merge into the divorce judgment are subject to modification in the event of a material change of circumstance, whereas those surviving the divorce judgment are not subject to modification and can only be re-visited upon a showing to the court that an extraordinary circumstance.
Factors That Determine Alimony
Beyond the length of the marriage, there are a number of factors that the court will consider in determining a proper alimony award, including the conduct of the parties, the age, vocational skills, and the employability of each party.
Each judge has the power to weigh each factor as the judge deems appropriate. A few judges give equal weight to each factor, while others give some more weight than others. Our lawyers analyze each judge's history in attempting to anticipate how each would likely rule on a case-by-case basis.
How to Calculate Alimony
There are different alimony formulas - the old 1/3 formula, Ginsburg Formula, Scandurra Formula, American Academy of Matrimonial Lawyers Formula, etc. - but none is any more persuasive than the other.
One of the biggest unknowns when it comes to alimony is how long it should last. The ongoing debate surrounding its duration is well-settled with the recent decision in the Pierce vs. Pierce case, as well as proposed legislation in both the House and Senate.
When Pursuing or Defending an Alimony Award, Our Massachusetts Alimony Attorneys Can Make a BIG Difference in Your Case
Our Worcester-based Alimony Attorneys have represented the best interests of both husbands and wives in this challenging area. When preparing cases involving alimony for high net worth clients, we frequently rely on the expert testimony of forensic accountants, financial professionals, and other specialists in this area.
The Added-Value of a Worcester-Based Law Firm
With lower overhead expenses than the large Boston law firms, we can offer the same top-quality legal services with lower hourly rates. Our attorneys have significantly reduced their hourly fee rates from those charged by the big city lawyers. Certain legal matters may also be handled for a flat-fee.
Questions About Alimony in Worcester County? Call Us For a FREE Consultation
Our attorneys, experts, and staff work around-the-clock. When it comes to alimony, we provide clients with a better game plan and superior execution of that plan. When you become a client, our entire team is available to you at a moment's notice - 7 days a week, 24 hours a day. Each of our attorneys is available on Blackberries and is available to answer your questions by phone or e-mail anytime - not just during office hours!
For a no-obligation consultation, call (800) 970-LAWYER or fill-out our online form to request a meeting at any of our local offices.
