Leone Law Offices

How does the new alimony law in MA affect me?

Additional info: I am getting a divorce. My wife is a neurological surgeon and has her own private practice in Framingham so she makes significantly more money than I do.   I know I will be entitled to alimony but could you please tell me how the new alimony law in MA and what I may receive?

Attorney Answer:

Even with the new alimony laws, alimony is still a function of “need vs. ability to pay”.  The Court will look at a number of factors in determining whether there is a need, including such things as disparity of income, length of marriage, health of the parties, station of life and many more.  You did not mention whether you and your wife have children and, if so, who will have physical custody and what child support will be.  If you have children and there is an order for child support, the analysis will change.  However, assuming you have no children and taking into account that your wife makes significantly more than you do, you may be entitled to alimony.  The new alimony laws puts a time limit on alimony that did not exist before.  The time limit is based on the length of the marriage.  The Court will determine of the amount based on the factors that I mentioned above.  Judges vary in what formulas are used, so there is no way to tell you with certainty what you may receive.  Please contact me so that we can discuss the many factors that a Court will consider and I can better analyze a range of what you might receive and the duration.

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