Among the various questions people have about divorce, one of them is whether alimony is mandatory in Massachusetts. Alimony is designed to provide financial support to the lower-earning spouse, but it is not automatically required. Whether alimony applies in your divorce will depend on several factors that your attorney can tell you about.
There are three types of alimony in MA, and each one is designed for a specific situation. Just because a couple is going through a divorce, the judge is not going to award alimony. Instead, they carefully review the relevant factors. First, it is decided whether alimony should be awarded, and if so, how much should be awarded.
Divorce and alimony laws are not easy to understand. Moreover, going to court without understanding your rights can be dangerous. Talk to a divorce attorney to learn more and protect your financial future.
Common misconceptions about alimony
Many people think that alimony is always required in a divorce case. They think that one partner will always have to pay the other after a divorce; however, this is not true at all. Alimony is not guaranteed. It is decided on a case-by-case basis and also depends on various factors.
The length of your marriage is very important in deciding whether the alimony will be granted or not. If the duration of your marriage is long enough, you might be required to pay to your partner. However, if your spouse thinks they can support themselves financially and take responsibility, alimony may not be necessary.
When alimony is likely to be ordered?
The court may only grant alimony in cases where there is a significant difference between the income of the spouses or when the spouse needs to become financially independent.
In longer marriages, your spouse may become financially dependent on the other, which can increase the chances of getting alimony. For example, if your spouse stayed at home to take care of the children, they may need alimony after divorce to maintain their previous lifestyle.
Moreover, the financial situation of both partners is also an important factor. If there is a big difference between your income and your partner’s, the court may grant the alimony to balance the financial differences.
Types of alimony
There are three types of alimony: temporary, rehabilitative, and permanent alimony.
Temporary alimony is awarded to the lower-earning partner to pay for living expenses. However, rehabilitative income is made to support the spouse until they become financially independent.
Permanent alimony is granted when the spouse needs to support their ex for a long term. It is often awarded in long marriages where one spouse becomes totally dependent on the other for all their needs.
When alimony may not be ordered?
Alimony may not be ordered in situations where both partners are earning equally. If both the partners can support themselves financially after the divorce, the court may think granting an alimony would be unnecessary.
This is especially true when both spouses have stable jobs and no big financial imbalance between them. Alimony is also not awarded in short-duration marriages. If you and your spouse have only been married for three to four years, the judge may not grant the alimony.
A prenuptial agreement can also prevent the chances of an alimony. In the agreement, both spouses agree that neither of them will get any alimony if they have a divorce, and this agreement is legally binding for both of them.
This means no matter how much income differences exist between you two, you will not be given alimony.
Don’t let alimony laws confuse you!
Are you confused by your state’s alimony laws? You do not have to be! An attorney can provide the guidance you need to prepare for your divorce while you have enough time to process your emotions. Book a meeting today!
