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You are here: Home / Archives for spousal support

How the Courts Decide on Alimony

Alimony is an explosive topic. Some people totally agree with it, while others are firmly against it. Either way, alimony can be a large part of divorce, and the financial aspect can be lengthy and costly for the party that will be paying the alimony. The decision of granting alimony by the court depends on several different factors that many people don’t even realize. For instance, a major factor is marital fault. The reason for the breakup of a marriage could affect the amount and duration of alimony in the eyes of certain judges. If one spouse has evidence of cheating, that could affect the alimony outcome, for example.

Another factor is the length of the marriage. Think about this: How long have you been married? Five years v. 25 years makes a huge difference, and with the latter, age plays into the equation. If you are a young person who is divorcing, the courts may look at you as someone who can easily obtain work. However, if you’re an older person, the courts may see you as unable to pay any type of support for a long period of time. Then there is the lifestyle during the marriage. Did you both live extravagantly? If so, this luxurious way of living may be over for the both of you. However, if you are a non-working spouse and are accustomed to a certain lifestyle, alimony may play into your favor. Then there is Social Security to consider. Did you know that if a non-working spouse, who had been married over 10 years to the former spouse and has not remarried, is entitled to her/his ex’s Social Security benefits? This becomes an element of alimony.

Health comes into decision-making as well. If a spouse isn’t in good health and is unable to sustain a job, this will affect how much and for how long s/he will receive alimony. For instance, if Spouse A has been out of work for two years and can’t return, then Spouse B may have to pay a larger portion toward alimony than originally expected. Besides health, kids are a major concern too. Who are the children going to live with? If they live with you, you may be entitled to more money, since the workday is shortened due to childcare. If they live with your spouse, s/he may be entitled to a larger sum.

Other monetary sources can pose an issue. Say, for instance, you have another source of income or a trust—this monetary source may affect how much alimony you receive or pay. A buildup of assets is important to note. For instance, if your husband built up his law practice while you were married, he now has to pay you half its value. The receipt of this lump sum could possibly reduce alimony payments down the line.

At Fields and Dennis LLP, attorney Jonathan E. Fields has almost 25 years of experience in Family Law, including alimony proceedings. He has been listed in The Best Lawyers in America ® 2015 edition in the field of Family Law. He is also an Executive Board Member of the Massachusetts Council on Family Mediation and a Panel Member of the Children and Family Law Trial Committee for Public Counsel Services. Please contact him today if you are looking for a trusted and experienced Boston divorce lawyer.

Based on this article: http://life.familyeducation.com/divorce/alimony/45556.html

Filed Under: Alimony, Divorce, Divorce and Family Law, Family Law Tagged With: Alimony, Divorce, spousal support

To Litigate, or Not to Litigate, That is the Question

If you are going through a divorce, there are many things to consider. It is a difficult time, emotions are high, and you are confronted with a number of decisions that you may not be in the best state of mind to make. Now, no two divorces will be identical, so while having a support system who has “been there” can certainly be helpful, their situation may be extremely different then yours.

There are a variety of factors that can contribute to a divorce, and depending on how the decision was come upon, you and your ex may be on civil terms, but other times, if the relationship ended badly, communication and compromise may be impossible concepts to wrap your mind around. Because each divorce is different, each course of action is also different. While some couples have relatively simple cases without much contention between spouses, other couples may have more complex divorces that require careful and strategic planning. Read more.

Filed Under: Divorce, Family Law, High-Net Worth, Marriage, Massachusetts Divorce, Massachusetts Family Law Tagged With: Alimony, assets, Boston Divorce Lawyers, child support, Contemporary Marriage, Divorce, Divorce Assets, divorce litigation, Divorce Planning, Infidelity, litigation, Marriage, spousal support

Bitcoins and Divorce: Declaring your Digital Currency

Bitcoin has become a buzzword recently, more well-known to some than others, but unless you live under a rock that does not get WiFi, you have surely at the very least heard the term tossed around. For those less informed on the emerging value system, Bitcoin is a digital currency used as a peer-to-peer payment system. Developed in 2009, bitcoins can be exchanged for goods, services and other currencies. While bitcoins have been under fire for their use in illegal activities (e.g. the recently exposed online black market Silk Road), they have legitimate uses as well, making the debate over this new cryptocurrency a hot-button topic. Read more.

Learn more about Bitcoin, Cryptocurrency and Divorce:
“Bitcoin Bitterness Starts to Make Messy Divorces Even Worse,” Hannah George, Bloomberg News (2018) (Jonathan Fields quoted) 
Cryptocurrency and Divorce: A Primer
IRS Notice 2014-21: Virtual Currency Guidance

Filed Under: Divorce, Divorce and Technology, Marriage, Massachusetts Divorce Tagged With: Alimony, assets, Boston Divorce Lawyers, Contemporary Marriage, Divorce, Divorce Planning, spousal support

Divorce and Fertility: Putting your Eggs in One Basket

Deciding to end a marriage is never easy. After investing so much of your life to one person, it can be incredibly daunting to think about starting over.  For women in their late thirties or forties whose marital investment included the potential of starting a family, divorce can pose an even more complex challenge.

While the idea of a “biological clock” is very real, with the success of freezing eggs, women can have children longer than ever before. Yet the egg-freezing procedure and the subsequent storage of the eggs is expensive and therefore not accessible to everyone. Read more.

Filed Under: Alimony, Divorce, Family Law, Prenuptial Tagged With: Alimony, Contemporary Marriage, Divorce, Fertility, Marriage, spousal support

Hollywood Divorce Sparks $10 Million Battle

Demi Moore and Ashton Kutcher have been tabloid fodder for years now, and yet it seems they are still making waves in the media, this time for their forthcoming divorce.  While Moore and Kutcher first announced their split in 2011, they are not yet divorced.

Their divorce filing cited “irreconcilable differences” and Moore was originally seeking spousal support and for Kutcher to pay her legal fees.  Although Moore is wealthier than her younger, less-established spouse, Moore is also seeking payment for projects that they worked on together that have continued since their separation.

This week, it has been revealed that Kutcher and Moore are tied up in a battle over $10 million — 50% share of one investment Kutcher made in 2010, while they were married, that Moore feels entitled to.  Read more.

Filed Under: Divorce Tagged With: Celebrity Divorce, Divorce, Marriage, spousal support

"Gray Divorce" on the Rise

While the circumstances of each divorce vary from couple to couple, there has been a recent influx in “Gray Divorce,” or divorce involving couples over the age of fifty.  This growing phenomenon poses its own set of complications. Most of these issues involve alimony and retirement, things which younger married couples sometimes haven’t even begun to consider. Because of shifting views of marriage, divorces are becoming more common for soon to be retirees and empty nesters, who are no longer finding personal satisfaction and fulfillment through marriage.  Read more here.

Filed Under: Divorce, Divorce Statistics Tagged With: Alimony, child support, Divorce, Gray Divorce, Marriage, spousal support

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