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Factors Affecting Alimony

If you are seeking a divorce, consider what your financial position will be post-divorce. You are no longer a dual-income household. You may need to consider seeking alimony/spousal support. Alimony is not a right like child support, but it may be available for those needing support.

Alimony can be awarded in situations where:

  • One spouse’s income is substantially greater than the other’s.
  • A couple has been married for a long time and one spouse sacrificed career opportunities to care for any children in the marriage (such as contributions of a homemaker).
  • One spouse may have foregone higher education to work and pay for the other spouse’s education.

Spousal support is discretionary, is not guaranteed in every divorce and is based on factors such as:

  • Both spouses’ needs
  • Length of the marriage
  • Income and future earning capacities
  • Health and age
  • Current employment status
  • Respective work experience
  • Overall ability of either one to pay
  • Ability to acquire assets in the future

Changes In The Law Affecting Length Of Payments

Based upon the Alimony Reform Act (Massachusetts General Laws, Chapter 208, Sections 48-55) effective March 1, 2012, the duration of alimony is determined by the length of the marriage. The Alimony Reform Act also specifies those factors to be considered by a judge in determining the amount of alimony and when alimony terminates.

The process itself makes it vital to have an experienced attorney who understands the discretionary nature of the process and who can make persuasive arguments in your favor after a thorough examination of the factors considered by the court. Our alimony attorney can provide such representation for you in alimony matters. Our spousal maintenance lawyer can also seek modifications if there have been substantial changes in circumstances, such as a loss of employment.

Contact An Alimony Attorney For A Free Consultation

For more information about Massachusetts alimony or spousal maintenance or to schedule an appointment with an experienced lawyer at the Law Offices of Ira C. Yellin, LLCemail us, or call our Franklin office at 508-528-8885.