Massachusetts Alimony Laws

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    • Alimony is one of the most common things asked for in divorce proceedings by one spouse or the other. According to the website glossary for Raleigh Divorce Lawyers of Gailor, Wallis & Hunt, alimony is defined as financial support that a person supplies to the former spouse. Alimony laws vary somewhat by the state where the divorce or separation takes place. If you live in Massachusetts, these laws will determine your right to collect alimony and in what amounts.

    Law for Requesting Alimony

    • Massachusetts law, Part II, Title III, Chapter 208, Divorce General Provisions, indicates that alimony, or spousal support, may be requested at any period during the actual divorce proceedings. The request for spousal support can also come after all divorce proceedings have been finalized. This is true whether the divorce occurred in the state while the two parties were residing there, or whether one or other of the parties moved to the state and is now a resident of the state.

    Property and Health Insurance

    • Massachusetts divorce law, Chapter 208 of the Divorce General Provisions, states that alimony may not be awarded if the requesting spouse is granted or awarded other property in the divorce. For example, a spouse could be awarded the marital home, half of the marital assets that were accumulated during the length of the marriage and access to the other spouse's pension, retirement or profit-sharing ventures, but this would reduce alimony. Alimony may also be partially reduced in cases where one spouse agrees to cover his former spouse through his current health insurance or pays for other health insurance coverage. In the state of Massachusetts, a divorcing spouse must cover his ex-spouse if he has the ability to do so.

    Determination and Eligibility

    • Many spouses would like to know whether they are eligible to receive alimony from their former spouse and, if eligible, how much alimony they can expect to be granted. When determining this award during the court process, the judge will examine many factors regarding the spouse making the request and the financial position of the spouse who is being asked to pay alimony. The judge will look at factors such as age, employment, other elements that were offered to the requesting spouse in the divorce proceedings, whether or not that spouse is supporting children as the primary parent, the length of the marriage and the behavior of each spouse throughout the duration of the marriage. The judge will also look at the future potential of earnings for the requesting spouse. Once the judge has weighed all of the determining factors, commonly the requesting spouse will be awarded accordingly. The amount fluctuates from case to case depending on the factors that are analyzed by the judge during the alimony proceedings.

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