Your divorce will come at some price. Under the law, either partner is mandated to pay alimony to the other according to certain regulations. If you reside in Massachusetts (MA), you should hire divorce lawyers in MA who understand the law, to represent your interest in court. Here are some aspects of the MA alimony law that can impact the outcome.
The Alimony is Determined by the Length of Marriage
MA courts factor in the length of the marriage when calculating alimony; the alimony can range from 60% to 80% of the marriage term. However, if you and your spouse begin to live together again for more than three months in a row, Massachusetts law allows you to reduce, suspend, or even terminate your alimony. Divorce lawyers in MA often advise clients to not cohabit with their ex after getting a divorce.
MA is a Non-Community Property State
Unlike some other states, Massachusetts does not follow the community property rule. Instead, the property is distributed fairly, but not always equally. MA court will examine considerations such as the duration of the marriage, either spouse’s general health, education and earning capacity, financial situation, and marital conduct during the marriage. These will have an effect on the sharing formula.
Financial Misconduct Impacts Alimony
If you or your spouse has not been prudent with money, for example spending huge on extra-marital affairs or drug addiction, the other spouse, officially termed the “innocent spouse” will get more money as compensation for the recklessness of the other.
There is Compensation for Marital Abuse
Proven marital abuse cases will be compensated in the alimony ruling. If you think that your partner abused you in some way during the marriage, and you have enough evidence, MA courts will consider compensations for you. Divorce lawyers in MA understand the gravity of abuse in marriage and are always ready to help you get compensated.
Prenuptial Agreements Are Not Always Enforceable
An MA court may decide, after a first and second look, that the prenuptial agreement that you and your spouse reached is not enforceable. With your consent, the court can ask for new terms to be negotiated to reach a better agreement for both of you.
MA alimony law is interesting, but sometimes overwhelming; you need a lawyer to guide you through the process and help you make those vital decisions as you get your divorce.
