Alimony

Judge assigns alimony, debt after Facebook request is denied

Facebook can be a fun way to keep up with what friends and family are doing. It is a popular social media site in Massachusetts and across the country. A woman recently found out just how widespread its influence was when the judge in her divorce case allegedly used it as a way to determine alimony and debt repayment. The woman says the judge tried to “friend” her on Facebook. The woman refused the request and had her attorney ask the judge to excuse herself from the case. Not only did the judge remain on the case, she ruled that the woman was responsible for all the debt that had been incurred during her marriage. She also ordered the woman to pay alimony. The woman filed a formal complaint against the judge, saying she had been punished for ignoring the judge’s friend request. The appellate court ruled in the woman’s favor. It stated that if judges cannot “friend” attorneys, it stands to reason that they should not “friend” the people whose cases they are presiding over. They said it puts those people at a disadvantage, regardless of how they choose to respond. Divorce requires decisions about many issues that have long-lasting effects like alimony, child support and custody. These are important matters that should be given the consideration they deserve and decided according to Massachusetts law. They are not subjects that should be decided on the basis of Facebook and whether someone has hurt the judge’s feelings by refusing or

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Discussing spousal support and child support with an attorney

When a Massachusetts marriage ends in divorce, the financial fallout can lead to a drastic shift in budgeting and financial stability for both sides. Child support and spousal support are among the most pressing concerns for many. Regardless of whether an individual expects to pay or receive either form of financial support, the way that the numbers will break down will have a big impact on their future financial outlook. Understanding how the payments are likely to be structured is a top priority during the early stages of a divorce. While there are a number of online resources that claim the ability to calculate alimony and child support payments, the best source of information about these matters is one’s divorce attorney. For those spouses who expect to make these payments, the first step in calculating the estimated payment amount is to provide the attorney with a comprehensive accounting of one’s income, as well as any income earned by the other spouse. It is also important to provide bank statements, recent tax returns, retirement account information and any other relevant financial information. For those spouses who expect to receive child support and/or alimony, the same information is required, for both you and your spouse. It may also be helpful to have a list of any special needs on the part of shared children, and a summary of any expenses such as private schooling, tutoring or other expenses that fall outside the realm of general living expenses. Using this information, the attorney

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Alimony discussion important for many ending marriage

Massachusetts couples who have started or are contemplating divorce proceedings have many things to take into consideration, especially in regard to a request for alimony. Many divorce decisions must be made which factor into every single facet of life — from living arrangements to daily budgets. It is also important to gauge whether alimony may be necessary for the maintenance of that budget. How to live on a single income becomes a significant factor to consider. Finalizing a divorce does not always end all ties between two people, especially if a financial arrangement is necessary during the dissolution of a marriage. Alimony is often paid to an ex-spouse for a certain amount of time as ordered by the court. This income can be a necessity to a person who did not work during a marriage. Those who need time to prepare for reentering the work force or for those unable to work due to childcare responsibilities or other reasons may have a need for alimony. Divorce can be financially and emotionally draining. Some couples are able to deal with the stress with little to no intervention from outside sources. However, dealing with custody issues, dividing assets, alimony disputes and other difficult issues can make the process of ending a marriage seem long and difficult. For those in Massachusetts that are confronting these important issues, court proceedings may be necessary in those situations where the parties cannot come to an agreement among themselves. Many couples are not able to agree on

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Alimony not just for Massachusetts women in divorce

It has been many years since women were primarily thought of as the weaker sex. If asked, many residents of Massachusetts would likely say men and women are equals. Women have the same rights as men, and most men see women as their equals in business, managing finances and other activities once solely the responsibility of men. So why, then, do men not ask for alimony during divorce proceedings in situations where the wife makes more money? According to the U.S. Census, there were only 12,000 male recipients of alimony, as compared to the 380,000 female recipients, in 2010. Given that nearly 40 percent of mothers who are married make an income greater than that of their husbands, one would think the number of men receiving alimony would be higher. When judges look at alimony in divorce proceedings, gender is not supposed to be a factor, so why do fewer men get alimony? Answered simply, they often just don’t ask for it. Many men see alimony as something for women. Some men reportedly see asking for alimony as a sign of weakness. When asking for alimony, even judges can have preconceived feelings about awarding spousal support for men. This is why men should be prepared to provide proof that alimony is needed to provide for their basic needs. In order for spousal support to discontinue being mostly for women, men will have to overcome gender biases and allow themselves an opportunity to receive support they may desperately need after a

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Alimony can be lost based on cell phone data

For many Massachusetts residents who have come through divorce, the money received by way of alimony payments is vital to one’s ability to move forward in their new lives as single people. In many cases, the partner who receives alimony set aside their own education or career advancement in order to support the family unit. When such a marriage ends in divorce, the courts often recognize those sacrifices through an award of alimony. However, spouses who rely on receipt of those payments to make ends meet should be aware that there are choices that can put them at risk of losing their alimony. For example, in many divorce agreements there is a stipulation that alimony will cease of the receiving party remarries or begins to cohabitate with another partner. While this may seem like a clearly defined boundary, in reality the issue of cohabitation can come under serious legal scrutiny. As a new relationship progresses, overnight visits are often the norm. In fact, in the early stages of a new love, many people seek to spend as much time together as possible. For divorced parents who retain custody of their children, spending time with a new partner is often easier in the evening hours, after the children have gone to bed and the house is quiet. However, it is important to consider how one’s lifestyle could come into play if their former spouse chooses to try to stop paying alimony. One tool that is frequently used in alimony cases involves

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Getting help with financial needs during divorce

Massachusetts couples who are in the beginning stages of divorce are often overwhelmed by the sheer volume of decisions that must be made. For many couples, issues surrounding finances are chief among their concerns. Understanding the budgetary fallout of a divorce and anticipating future financial needs is imperative to the future success of both spouses, and this is one area in which it makes sense to hire a professional to guide the process. One area if concern involves alimony, and the tax implications for both the paying and receiving spouse. Tax issues are further complicated by the division of shared assets. Liquidating certain types of assets can result in heavy tax penalties, and can reduce the value of an investment by as much as 50 percent. This is an area in which a financial advisor can assist by mapping out the projected tax consequences for each party under a variety of scenarios. For example, there may be instances in which it makes more financial sense to accept less alimony in exchange for retaining certain assets. This allows the asset to transfer hands without a tax hit. It can also minimize the tax burden associated with receiving alimony. On the flip side, a Massachusetts spouse who pays alimony will not pay taxes on that portion of their income. This should be taken into consideration when dividing assets, and it may make sense for that party to retain a greater share of the couple’s assets. While there are a wide range of

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Financial needs may be met with a January divorce filing

Now that the holidays are behind us, many people look forward to the coming year with thoughts on goals, hopes and resolutions. For some Massachusetts spouses, years of living within an unhappy marriage will lead to a decision to file for divorce in 2013. Luckily, there are a number of reasons why January is an ideal time to file for divorce, and to address each spouse’s financial needs. One positive factor for filing in the early days of a new year involves tax advantages. While there have been few benefits of a January filing in years past, a change in tax brackets in 2013 could change things for some couples who divorce in the coming year. For example, a spouse who will be required to pay alimony will see better deductions by filing early, and the spouse who receives alimony will have a higher tax burden. Another consideration involves waiting to make a decision about divorce until after the holidays. Christmas can be stressful, and adding discussions about ending the marriage can only serve to add to that stress level. For couples with children, the news of a split may be better received at a less hectic time. There are also the reactions of extended family members to consider. For many couples, the holidays are not an optimal time to begin the divorce process. Perhaps the reason most January filers choose this time of year is simply the new start that a new year brings. While divorce is unarguably the

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2013 brings new change to existing alimony laws

This year changes pertaining to the current alimony laws in Massachusetts were announced. These changes could directly affect many divorced individuals in the Boston area and throughout the state who are currently paying (or receiving) alimony. The law is scheduled to take effect on March 1, 2013. The new laws apply to couples who were married 20 years or less. These changes could affect many divorced retirees who are currently paying spousal support. The result could mean that their current obligation will be reduced or even eliminated altogether. At this time, there are various forms of alimony that can be ordered during a divorce. For example, one type is known as transitional alimony. This form is for couples whose marriage did not make the five-year mark. Its intention is to provide a financial “transition” from the lifestyle the obligee (spouse receiving payment) became accustomed to during marriage to that of a single wage household. Another form of alimony is referred to as rehabilitative alimony. This form of support assists the recipient in learning new job schools either through training or education so he or she can become “economically self-sufficient.” Finally, there is reimbursement alimony. The obligor (the person paying alimony) is responsible for reimbursing the obligee for his or her contribution to the marriage through a one-time payment or a series of periodic payments. This form of spousal support is also for marriage of less than five years. There is also what is referred to as general term alimony. This

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