Results 1 to 6 of 6
  1. #1
    Join Date
    Dec 2012
    Posts
    7

    Default Alimony After a Short Marriage

    My question involves a marriage in the state of: MA

    ok heres my question, my soon to be ex wife was trying to get me for child support but that fell thru due to the fact i'm not the bio dad, now she is trying for alimony, now we have only been married for 1 year and 5 months, does she have grounds for it or if she does how long could i expect to be paying her? now she is jobless and has been since we first got together, she's had jobs in the past but has horrible track record of keeping a job for more than a couple of months. Now of course she is getting a lawyer involved and i will have to as well but i wanted some adivce before i talk to my lawyer so i atleast have an idea what i'm getting into

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Alimony

    She has virtually ZERO chance at getting alimony based upon a 17 month marriage.

  3. #3
    Join Date
    Dec 2012
    Posts
    7

    Default Re: Alimony

    lovely, just lovely , i like the sound of that

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Alimony

    There is statutory guidance on alimony and when it may be available - see MGL Chapter 208, Sec. 48-55. Of the two types of alimony, for a marriage of < 5 years "general term" alimony for a dependent spouse is limited to "not longer than one-half the number of months of the marriage", and "rehabilitative" alimony for a spouse who needs assistance regaining financial independence (e.g., due to her job skills eroding due to her not working during the marriage) is limited to no more than five years and terminates on remarriage. I suspect that she does not have a particularly compelling case for either form of alimony.
    Quote Quoting MGL Chpt. 208, Sec. 53
    (a) In determining the appropriate form of alimony and in setting the amount and duration of support, a court shall consider: the length of the marriage; age of the parties; health of the parties; income, employment and employability of both parties, including employability through reasonable diligence and additional training, if necessary; economic and non-economic contribution of both parties to the marriage; marital lifestyle; ability of each party to maintain the marital lifestyle; lost economic opportunity as a result of the marriage; and such other factors as the court considers relevant and material.

    (b) Except for reimbursement alimony or circumstances warranting deviation for other forms of alimony, the amount of alimony should generally not exceed the recipient's need or 30 to 35 per cent of the difference between the parties' gross incomes established at the time of the order being issued. Subject to subsection (c), income shall be defined as set forth in the Massachusetts child support guidelines.

    (c) When issuing an order for alimony, the court shall exclude from its income calculation:

    (1) capital gains income and dividend and interest income which derive from assets equitably divided between the parties under section 34; and

    (2) gross income which the court has already considered for setting a child support order.

    (d) Nothing in this section shall limit the court's discretion to cast a presumptive child support order under the child support guidelines in terms of unallocated or undifferentiated alimony and child support.

    (e) In setting an initial alimony order, or in modifying an existing order, the court may deviate from duration and amount limits for general term alimony and rehabilitative alimony upon written findings that deviation is necessary. Grounds for deviation may include:

    (1) advanced age; chronic illness; or unusual health circumstances of either party;

    (2) tax considerations applicable to the parties;

    (3) whether the payor spouse is providing health insurance and the cost of health insurance for the recipient spouse;

    (4) whether the payor spouse has been ordered to secure life insurance for the benefit of the recipient spouse and the cost of such insurance;

    (5) sources and amounts of unearned income, including capital gains, interest and dividends, annuity and investment income from assets that were not allocated in the parties divorce;

    (6) significant premarital cohabitation that included economic partnership or marital separation of significant duration, each of which the court may consider in determining the length of the marriage;

    (7) a party's inability to provide for that party's own support by reason of physical or mental abuse by the payor;

    (8) a party's inability to provide for that party's own support by reason of that party's deficiency of property, maintenance or employment opportunity; and

    (9) upon written findings, any other factor that the court deems relevant and material.

    (f) In determining the incomes of parties with respect to the issue of alimony, the court may attribute income to a party who is unemployed or underemployed.

    (g) If a court orders alimony concurrent with or subsequent to a child support order, the combined duration of alimony and child support shall not exceed the longer of: (i) the alimony or child support duration available at the time of divorce; or (ii) rehabilitative alimony beginning upon the termination of child support.

  5. #5
    Join Date
    Dec 2012
    Posts
    7

    Default Re: Alimony

    update: Had gone to court on friday the 11th of jan, she ended up dropping everything once she knew i had a lawyer and the judge granted my motion for genetic marker testing to be done through the D.O.R. which she had to file an application with them not me, she screwed herself because that was exactly what she didn't want to. I'm going to end up walking away scott free, only thing that i have to do is take the DNA test when i get informed when to go and go back in march for the pre-trial, but i did not know they changed the wait period from 90 days after the hearing for final paperwork of divorce to 120 days.

  6. #6
    Join Date
    Feb 2013
    Posts
    7

    Default Re: Alimony

    I guess it depends on the state you live in. I live in Va. I was married 18 months and had to pay alimony for 3 years, because she was disabled before we were married. And we had NO children.

    1. Sponsored Links
       

Similar Threads

  1. Divorce: Divorce After a Short Marriage
    By pinkdolphin in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 12-03-2011, 02:30 PM
  2. Division of Assets: Recovering Money Spouse Used to Pay Alimony for Prior Marriage
    By newlfe in forum Divorce, Annulment and Separation
    Replies: 3
    Last Post: 11-08-2011, 07:21 AM
  3. Spousal Support and Alimony: Alimony After An Ohio Divorce And Five Years of Marriage
    By flyawaybird in forum Divorce, Annulment and Separation
    Replies: 3
    Last Post: 08-25-2007, 01:38 PM
  4. Divorce: Short marriage, does he still get my retirement?
    By Tandyst406 in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 01-14-2007, 09:29 AM
  5. Divorce: Alimony in Massachusetts for a Short-Term Marriage
    By Dad2 in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 05-16-2006, 08:33 PM
 
 
Sponsored Links

Legal Help, Information and Resources