Alimony

Woman to pay alimony to ex-husband doing time for raping her

A lot of Massachusetts residents were outraged to learn of a bizarre twist in California law that is forcing a sexually assaulted woman to pay alimony to her incarcerated ex-husband. A judge there has ordered the 39-year-old woman to pay spousal support in the amount of $1000 a month to the man who raped her once he is released from prison. In addition, the woman must also pay an estimated $47,000 in legal fees that her husband spent in order to win the alimony case. The California judge who made the ruling has said that under current California family law, he had little other recourse. His ruling, he said, was made because the man had not tried to kill the woman, which is the only time alimony is not justified. What discretion he had he used to side with the ex-husband, stating that the 12-year marriage and the fact that the wife made more money helped him to come to a decision. The ex-husband is scheduled for release from prison in 2014, and it is at that time that the woman would have to begin making alimony payments to him. Whether one agrees with the judge in this case or not, the story illustrates how alimony and spousal support can become complicated issues. Massachusetts residents who may be in need of their own divorce and alimony resolution may wish to work with a legal professional skilled in family law. Divorce and alimony issues do not have to become this complicated.

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New Massachusetts alimony law places restrictions time periods

On September 26, the Governor of Massachusetts signed a new law setting limits on alimony and providing guidelines for its determination in divorce proceedings. Previously, judges were permitted to award lifetime alimony regardless of the length of the marriage, a practice that was at odds with most other states. Indeed, the payments were often ordered to continue even after retirement and without regard to circumstances where the former spouse was living with a new partner. The new law significantly caps alimony by placing limits on the number of years a former spouse can receive payments, based on the length of the marriage. A marriage of five years or less, for instance, could result in an award of alimony up to half of the length of time the couple were actually married. At the other end of the spectrum, a marriage lasting 15 to 20 years could result in an award of alimony of up to 80 percent of the time married. The law will now end alimony payments upon retirement for most cases, a significant deviation from the old practice which prevented many from entering into retirement at all. Supporters of the new limits feel that the changes provide a safeguard for many men who are unable to modify their spousal support and ultimately end up in financial ruin. Observers note that many other states do not have specific time limit guidelines for alimony and suggest the Massachusetts law could instigate a national trend. Some believe the law could be

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