Alimony

Alimony – noun
A court-ordered allowance that one spouse pays to the other spouse for maintenance and support while they are separated, while they are involved in a matrimonial lawsuit, or after they are divorced.

Alimony may be paid by one spouse to another during the pendency of a divorce; after the parties have divorced for a set period of time (“rehabilitative alimony”); for an indefinite period of time (“periodic alimony”); or as one lump-sum payment (“alimony in gross”).  The amount, duration, and existence of an alimony order may also be modifiable.  In Massachusetts, there are no set guideline as to the duration or the amount of payment.  These decisions are left entirely to the discretion of  a judge.

The judge bases his or her decision on the fourteen factors enumerated in Massachusetts General Law Chapter 208, section 34.  Among other factors, the judge can consider the needs of the recipient spouse, the ability of the payor spouse to pay alimony, the length of the marriage, and the standard of living enjoyed by the parties during the marriage.  The judge may also consider the employability of each spouse, the opportunity for each spouse to amass additional assets, and whether child support is also being paid.

It takes a skilled and experienced attorney to analyze your case, and to convey to the judge the most pertinent and relevant factors that he or she should consider when determining whether alimony should be awarded, the amount, and the duration of that award.  The Family Law attorneys at Conn Kavanaugh stand out in their ability to successfully articulate to the judge what factors to look to when an award of alimony is appropriate, and what factors to look to when it is not.

>>Please contact us with any questions or for an assessment about alimony.