Does Alimony Apply In Your Divorce?
Few areas of family law involve more judicial discretion than alimony, which is also commonly referred to as spousal support. Family law judges are bound by few guidelines when deciding who receives and pays alimony, and at which amount and for how long. Instead, they hold a great deal of discretion in determining such awards.
With no legal “formula” for determining alimony, judges look at a broad range of subjective factors, including:
- The length of the marriage
- The lifestyle maintained during the marriage
- The ability of the paying spouse to pay, and the needs of the receiving spouse
Alimony cannot be viewed in a vacuum. The statutory factors a judge must consider for alimony are the same as they are for asset division and these two areas are often interrelated. Any child support paid and received should also be considered. The attorneys at The Law Office of Merril S. Chin, LLC, can help you negotiate an alimony settlement/order which considers the assets you will receive and is in your best interest.
Since alimony is tax deductible to the payor and tax includable to the recipient, negotiation of an alimony award should involve tax considerations. We can assist you in this regard and maximize the income between both you and your spouse to reflect the most favorable tax consequences.
Sometimes alimony is not awarded during the divorce proceedings, but after years have passed. The attorneys at the Law Office of Merril S. Chin, LLC, can advise you concerning whether you should be receiving alimony post-divorce or if your ex-spouse is seeking alimony post-divorce, determine whether he/she has a realistic chance of obtaining it. Our experience affords us the ability to evaluate different situations and determine whether an alimony order is realistic. We’re familiar with local judges and their tendencies to weigh certain criteria over others. The result is a long track record of success assisting clients with minimizing and maximizing the amount of alimony they pay and receive. To learn more about us and your rights regarding alimony, contact us.
If you are in the process of a divorce in northeastern Massachusetts and/or have questions regarding alimony/spousal support during a divorce or post-divorce, contact our law firm for experienced representation. Our four lawyers have handled hundreds of divorce cases, and can provide the knowledgeable and results-driven advocacy needed throughout divorce proceedings.