fairsplit
recently joined
Reged: 02/01/05
Posts: 2
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Following is an excerpt from this web site:
"Today spousal support is somewhat of a rare thing. Many people believe it is assumed, but nearly one out of six divorce cases even consider it as an option." And more... "Temporary spousal support is more common and occurs at time of separation."
Is this true? My wife and I are divorcing in Massachusetts after almost 30 years, kids emancipated, I worked full time, earned $100 plus, she worked part-time ($15-20, was in and out of school. What I'm hearing from my lawyer is something called "income equalization" will be used to determine alimony. Add my $100 to her $20 = $120, then divide by 2 to get $60. The difference between her $20/yr and the $60 or $40/yr is what my alimony payments will be, until I die or she does. Ouch! What happened to "spousal support is a rare thing" and "temporary." Am I getting bad advice?
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aussie928
old hand
Reged: 10/29/04
Posts: 969
Loc: Dallas
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G'day Mate.. from one of your home state web pages
Alimony/ Maintenance/ Spousal Support:
Either spouse may be ordered to pay maintenance to the other. The factors to be considered are: (1) the contribution of each spouse to the acquisition, preservation, or appreciation in value of any property, including the contribution of each spouse as homemaker; (2) the length of the marriage; (3) the age and health of the spouses; (4) the occupation of the spouses; (5) the amount and sources of income of the spouses; (6) the vocational skills of the spouses; (7) the employability of the spouses; (8) the liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income; (9) the conduct of the parties during the marriage (if the grounds for divorce are fault-based); (10) any health insurance coverage; and (11) the present and future needs of any children of the marriage. Fault is not a factor if the grounds for the divorce are irretrievable breakdown of the marriage filed in conjunction with a separation/settlement agreement. Health insurance coverage may be ordered to be provided as part of the maintenance award.
JMO...but the length of your marriage and her only working part and the difference in your incomes I think are the key factors. I think now days it doesnt play such a big part as more divorces are happening at less then 10 years.. both work and make comparable amounts etc.
If you do end up paying this..make sure your divorce decree states it ends if she remarries.
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fairsplit
recently joined
Reged: 02/01/05
Posts: 2
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Thanks for the very thorough response! No fault involved, the judge was only interested in economics, not morals. Looks like I'll be in big time alimony for a long time - and yes there will be a co-hab clause.
I asked the original question not because I feel like I shouldn't pay anything, but because I hear stories about other long term marriages ending without alimony or a lot less, or with ending terms in Massachusetts, and I'd like to hear what others have experienced. Maybe their circumstances were just different than mine, or maybe I need a new laywer?
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aussie928
old hand
Reged: 10/29/04
Posts: 969
Loc: Dallas
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Quite welcome mate...there are only a few that reside in your state here..but hopefully they wil read and respond.
They have a state specific board that one here said is quite good at Divorcenet..might want to be trying that. Good luck to you mate
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Melody
Carpal \'Tunnel
Reged: 06/02/04
Posts: 10102
Loc: California
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have different guidelines. You were married for 30 years, so spousal support is much more likely to be awarded. If she only worked part time, then she's unlikely to be able to join the workforce in a full time capacity on a par with what you make. So...enter the income equalization. You'll likely pay spousal support for quite a while....perhaps even permanently...but at least for half the length of the marriage OR until she has completed some educational program which would allow her to re-enter the workforce at a decent earning level and be fully self-supportive. I'd guess at least 5 years or longer.
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rockyroad
recently joined
Reged: 01/25/05
Posts: 5
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Any thoughts on offering a greater percentage of the property split in lieu of alimony? Similar to the lottery, you can choose a lump sum payout that is far smaller than taking the option of payments over time.
As I learn more about the issue of alimony, I get more and more concerned. I realize that I have a biased view; however, it seems unfair to me to place such an open ended financial burden on one spouse, particularly when the recipient of the alimony is the one who wanted the divorce. I realize you can’t live off of alimony alone, but there sure isn’t a lot of incentive to achieve a point of not needing it. I would really like to avoid it so it isn’t a constant thorn in our relationship after the divorce.
Sorry, I just needed to vent a bit.
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aussie928
old hand
Reged: 10/29/04
Posts: 969
Loc: Dallas
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G'day mate...vent anytime....I think you can "offer" anything you would like. The key is whether your ex will go for this.
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Crusader
recently joined
Reged: 02/06/05
Posts: 14
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Greetings:
Before things get too far along, check out these websites that are fighting to abolish alimony and support payments. It might give you a way to combat any inequitable rulings from the court. It might help you avoid using an expensive attorney or at the least, help you to know what you are facing and that there is hope ahead.
http://www.abolish-alimony.org/report-fight-back.htm
http://www.cflap.org
http://www.alimonyreform.org
Bill
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