Alimony

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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Warning: Facebook rants may affect alimony and child support

Social media, Facebook in particular, has become an integrated part of the lives of many Massachusetts residents. Some of us have become so accustomed to sharing our lives online that we update and post almost automatically, with very little thought given to what could happen to that information once it is out of our hands. However, when it comes to issues surrounding one’s divorce, posting is not the best policy, and can actually have serious ramifications for issues such as child support and alimony. Even if you think that your former partner does not or cannot see your Facebook activity, this is not the place to air your grievances about the marriage or divorce. If you make comments online that can be proven false, such as claiming that your ex is not meeting his or her child support obligations, the other party can sue you for libel. Also consider the long-term ramifications; if you post negative things about the other spouse and he or she loses a job because of it, their ability to pay child support or alimony could be severely limited, and they could approach the court to ask for a reduced amount. Another thing to remember is that Facebook is forever. What you write, can almost always be recovered and brought to the attention of a court, even if you have erased it from your news feed. That heightens the risk that a child may one day read the negative things you said about the other parent.

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Recipients of alimony should pay attention to term life insurance

In many divorce agreements, one spouse is ordered to pay alimony to the other. When this is the case, the divorce agreement usually includes a provision that requires the spouse who is responsible for making the alimony payments to obtain and maintain a predetermined amount of life insurance that will protect the financial structure of their former spouse in the event of death. However, as is the case with so many portions of the divorce agreement, fulfillment of this provision extends far beyond the finalization of the Massachusetts divorce. When the dust of the divorce settles, some individuals find that their former spouse is unable to obtain the required level of insurance. This can come about due to health issues, or if the former spouse allowed his or her policy to lapse and is now unable to renew as a result. In such cases, it becomes difficult or even impossible to resolve the issue, which could have a big financial impact of the spouse who is receiving alimony. Financial advisors note that the time to address insurance issues is before the divorce is final, during the negotiation stage. The first step is determining the correct level of insurance needed, and then checking that your spouse’s current policy is sufficient to cover all of the obligations that would exist if he or she were to die before those obligations were satisfied. You can also ask the insurance provider to notify you if the premiums are not paid. Perhaps the best insurance

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A greater number of women are paying alimony to their husbands

Alimony and child support in the past has been traditionally seen as something that men pay to their ex-wives. In this traditional role, women were expected to stay at home and take care of the children, and thus needed to be financially supported after a divorce. However, with gender equality becoming more widespread in Massachusetts and elsewhere, alimony and child support are now awarded to the husband in many cases. A nationwide study shows that divorce lawyers across the United States, including in Massachusetts, have seen an increase of women who pay alimony or child support to their former husbands. Around 56 percent of divorce lawyers report that they’ve seen more women paying child support and 47 percent report a higher rate of women who pay alimony to their former husbands. The reason behind this shift is simple: as women take over the financial responsibilities that were once the sole responsibility of men, courts are holding them to the same responsibilities that husbands alone used to face. This is especially true as many women are able to find higher paying jobs than their husbands in this bad economy. As can be imagined, not all women are happy about having to pay either alimony or child support. In several high-profile cases, several women had bitter disputes in divorce courts over this matter. However, even though many women can feel unfairly treated as they are ordered to pay alimony and child support, this shows a huge step for gender equality has happened.

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