Alimony is received in multiple ways, including spousal support. Those in Massachusetts might wonder if alimony can be terminated. Here are some general rules for receiving and ceasing alimony. A judge is the sole individual who has the power to change general term alimony as long as there is no written agreement that specifically gives instructions for the alimony to remain unchanged. Changing the end date on orders cannot be done. The alimony agreement is usually void if the person receiving alimony gets remarried, either spouse passes away or the spouse that is providing the other with funds reaches their full retirement age. This general term alimony may also be suspended if the spouse receiving the funds lives with another individual. Most surviving independent contracts cannot be changed, unless under extreme circumstances, such as one party going into poverty without a revision. In short, your Massachusetts alimony agreement cannot be changed unless you family and are in dire need or have a unique situation. Reasons for termination are very specific and also unlikely in most cases, such as the spouse dying while paying alimony benefits to the other spouse. Alimony is a big factor with many divorces in these modern days. People often rely on that money to live on and feed their children. Likewise, some who pay alimony do not think that the people they are paying should be receiving benefits. If you have an additional question regarding alimony or spousal support, contacting an experienced attorney might be very

In an earlier post, we discussed the various changes that may cause alimony to end, such as if one person died or remarried. Alimony may also end when the person paying the alimony reaches full retirement age. Under Massachusetts law, there is a presumption that a person no longer has to pay alimony when he or she reaches full retirement age. Full retirement age is the age when a person is eligible to receive full Social Security retirement benefits. The retirement age is 65 for people born before 1938. For people born in 1938 or after, the retirement age goes up to 67. There are exceptions to this presumption. In some situations, a judge can order a person to continue paying alimony to his or her ex-spouse even if that person reached the retirement age. The judge must find that there is good cause to enter this order. A judge must consider a number of factors when deciding whether to deviate from the presumptive duration or amount of alimony. These factors include: The age and health of either spouse; Tax considerations; Whether one spouse provides health insurance for the other spouse; Whether one spouse has a life insurance policy naming the other spouse as a beneficiary; Any sources of income or assets that were not allocated in the divorce; Whether either spouse contributed financially to the couple prior to getting married; A spouse’s inability to provide for his or her means due to physical or mental abuse by the other

When you are going through divorce, you may become worried when you are trying to figure out how you are going to pay for everything on your own. This can be especially troublesome for those you do not have an established career or have spent the last few years as a househusband or housewife. One way the Massachusetts courts make sure you are not left out on the streets is with alimony. Alimony is essentially financial support paid from one spouse to the other. It is typically deemed “rehabilitative,” meaning it is only paid as long as the receiving spouse needs it to become self-supporting. This can include time to get an education or training, plus finding a viable job. If they are unable to hold a good job due to physical or mental limitations, alimony may be paid indefinitely. If the recipient remarries, their new spouse is responsible for their wellbeing and alimony stops. When it comes to calculating payments, there are a few factors considered. First, the spouses’ financial, emotional and physical states are considered. This includes both the potential recipient and the payer; the courts generally will not assign alimony that leaves the payer in poverty. Next, as mentioned above, the length of time needed for training for a job is considered. Finally, the marriage itself is taken into consideration. This includes two factors: how long you were married, and your standard of living while you were together. If you have been assigned an unfair alimony, or

It is not uncommon for people to remarry after getting divorced. A question that often comes up in this scenario is, “Do I still need to pay my ex alimony if he or she remarried?” In most cases, the answer to this question is no. Clearly, remarriage constitutes a change in circumstances. Under Massachusetts law, an award of alimony can be modified or terminated if there has been a material change in either your or your ex-spouse’s financial circumstances. As a result, courts generally terminate alimony when the spouse who receives the alimony remarries. In rare cases, however, the court may order that the alimony continue. The spouse who receives alimony and has remarried has the burden to prove that his or her ex should keep paying support. Specifically, the recipient spouse must prove that extraordinary circumstances warrant continuation of alimony. This is tough to prove, and it depends on the circumstances. In determining whether to terminate or continue the alimony award, courts looks at a number of different factors. For example, courts may consider the new spouse’s income and financial resources. Courts will also consider the impact that terminating alimony would have on the recipient spouse’s ability to meet his or her needs. Either party can request the court to modify or terminate alimony. To do so, one of you would need to file a complaint with the court asking for the change. After the other party is served with the complaint, he or she will have the opportunity

Under Massachusetts law, courts consider a number of factors in determining whether to award alimony and if so, the amount and duration of the alimony award. One factor is the income of the parties. But what happens if one of the parties is unemployed or underemployed? How do courts decide what—if any—income to assign to that party? A judge has discretion to determine what income to assign the parties for purposes of calculating alimony, which is also known as spousal support. It is important to know that a judge is not limited to using only a party’s actual earnings. The judge may also consider a party’s potential earning capacity and may impute a higher income to that party as a result. In order to impute income to a party, the judge must find that the party is earning less than he or she otherwise could earn with reasonable effort. The judge considers factors such as the training, education, employment history, and health of the party. The judge also considers whether that party is the primary caretaker of children and if so, the age, number, and needs of those children. At the start of every divorce proceeding, both parties must file a financial statement with the court. This statement requires the parties to disclose all income and assets. This information is key to helping a judge determine income for purposes of alimony. In addition to the financial statements, a judge may also consider testimony of the parties at hearings and any

As tax season quickly approaches, Massachusetts residents who are either paying or receiving alimony need to be aware of how the IRS treats the payments. People who pay alimony are able to deduct the amounts, while those who receive the payments must report them as income on their tax returns. Not all payments are deductible. If a combined payment is made for alimony and child support, only the portion of the payment that is alimony is deductible. Child support payments cannot be deducted on a tax return and do not have to be reported as income. The alimony payments must also be made pursuant to a court order or separation agreement, as voluntary payments may not be deducted. The IRS does not allow people to deduct payments made to the other spouse that are that spouse’s share of the marital estate. If a person is ordered to make payments to a third party on their former spouse’s behalf, those amounts are deductible, however. Examples include court-ordered life insurance, medical insurance, rent, utilities and other such expenses. The spouse for whose benefit they payments are made must also report third-party payments made on their behalf as income. Spouses whose divorce cases involve the potential for an alimony order need to be aware of the tax treatment given them. Those who have questions about whether a particular payment will be counted as deductible or reportable alimony may want to speak with their family law attorney to make certain they comply with the

As Massachusetts residents may know, the higher earning spouse facing divorce may have to pay alimony to his or her former partner as a part of the settlement. However, there are several ways that alimony payments may be approached. Many alimony payments are made on a monthly basis, but this may be frustrating for the payer, and there might be consequences if a payment is forgotten. In addition, it might interfere with a newly divorced individual’s feeling that he or she is moving on with their life. Another option is to pay the alimony in a lump sum to the former spouse, which is allowed in some states. A lump sum payment may be advantageous in that the payer will not have to be concerned with the timeliness of the monthly payment. Individuals who are late may face court judgments filed by the former spouse in an effort to collect. Paying alimony in its entirety involves paying all the owed alimony payments at once. If it is listed as alimony, then the tax burden may go to the receiving spouse. However, if the lump sum is listed as a settlement, then it might have tax consequences for the payer. In addition, both parties must agree to a lump sum payment, and it must be approved by the court. It may be advantageous for the receiving spouse to accept a lump sum payment since the money might be invested and allowed to grow. In addition, the receiving spouse need not be