Alimony Lawyer in Danvers

Comprehensive Legal Representation in Essex County & Greater Boston

Alimony, or spousal support, is a legal obligation for one spouse to provide financial assistance to the other during or after a divorce. The purpose of alimony is to help maintain a similar standard of living for both parties as they transition to single life. This is particularly important when one spouse may have been financially dependent on the other during the marriage. Understanding the nuances of alimony is crucial, as it can significantly impact your financial future.

At Broderick & Mastrapasqua, LLC, our legal team can represent you in seeking or contesting alimony in a pending divorce or modifications of alimony in post-divorce cases. We provide comprehensive legal support in cases involving even the most complex financial pictures, such as high net-worth cases, business ownership, or other complicated income sources. Whether you are the paying or receiving spouse, our alimony attorneys will work with you to develop a legal strategy that prioritizes your financial stability and aligns with Massachusetts law. 

Contact an alimony attorney in Danvers for a free consultation at Broderick & Mastrapasqua, LLC by phone at (978) 721-8861. You can also reach us via our online contact form.

Who Qualifies for Alimony in Massachusetts Divorces?

Either spouse can be awarded alimony, depending on the circumstances. Factors influencing this decision include the marriage's length, the requesting spouse's financial needs, and the other spouse's ability to pay. Alimony is not guaranteed, and outcomes can vary based on individual cases. Our attorneys evaluate each case meticulously to advise whether pursuing or contesting alimony is likely to result in a favorable arrangement for our client.

Under Title III Chapter 208 Section 53 of Massachusetts law, alimony generally does "not exceed the recipient's need or 30 to 35 percent of the difference between parties' gross incomes established at the time of the order." Being conversant with these guidelines allows us to craft strategies that advocate persuasively for our clients' rights, whether negotiating in or out of court.

Understanding the Different Types of Alimony in Massachusetts

Under Massachusetts law, several types of alimony are recognized. Each type serves a specific purpose, aligning the needs of the recipient with the financial capacities and circumstances of the paying spouse.

General Term Alimony: Usually awarded for a specific duration, this type helps support a spouse as they work toward financial independence. The duration generally depends on the length of the marriage. The general term alimony may be modified in the future, contingent on changes in circumstances, such as employment status or financial need. 

• Marriages of 5 years or less: Alimony can be awarded for up to 50% of the length of the marriage.
• Marriages between 5 to 10 years: Alimony can be awarded for up to 60% of the length of the marriage.
• Marriages between 10 to 15 years: Alimony can be awarded for up to 70% of the length of the marriage.
• Marriages between 15 to 20 years: Alimony can be awarded for up to 80% of the length of the marriage.
• Marriages over 20 years: Alimony can be indefinite.

General term alimony generally ends if either party dies, the recipient remarries, or the paying spouse reaches full retirement age.

Rehabilitative Alimony is intended to provide temporary financial support to a spouse, expecting the recipient to become self-sufficient by a specified time. This type of alimony is typically short-term and may last until the recipient completes education or job training, secures employment, or achieves another similar or related milestone. We help clients anticipate these milestones to better plan for financial independence.

Reimbursement Alimony compensates a spouse for economic contributions made during the marriage, such as supporting the other spouse through education or training. This form of alimony usually involves a fixed sum rather than ongoing payments. Since reimbursement alimony is often paid as a lump sum, it terminates once the payment is made. Advisors at Broderick & Mastrapasqua, LLC are skilled in documenting these contributions to ensure accurate compensation. 

Transitional Alimony is designed to help a spouse adjust to the financial changes brought about by divorce. This is usually short-term and is intended to assist the recipient in transitioning to a new lifestyle or location. Transitional alimony is primarily pertinent in cases of significant lifestyle adjustments post-divorce, which we help clients navigate effectively. 

Transitional alimony is primarily awarded in cases involving shorter marriages (less than five years). The specific amount and payment structure are determined based on the recipient's needs and the paying spouse's ability to provide support within this short timeframe; it typically ends within three years. Understanding the impact of this support can be critical in planning a financial future. 

Navigating Alimony with Danvers Courts

In Danvers, MA, the Essex County Family Court is responsible for adjudicating divorce cases, including those involving alimony. Navigating the local court system requires a keen understanding of court procedures and protocols, which is where Broderick & Mastrapasqua, LLC excels. Our familiarity with the local legal landscape enables us to guide our clients through the process efficiently, reducing stress and confusion.

Each case is unique, and the Essex County Family Court considers various factors when determining alimony awards. These include not just the standard legal requirements in Massachusetts, but also the specific circumstances and dynamics presented in each case. Understanding local judicial tendencies and expectations can significantly impact the outcomes for our clients, allowing us to tailor our approach to align with the court's priorities.

Effect of Alimony on Taxes

Alimony payments used to be tax-deductible for the payer and taxable income for the recipient under previous federal tax laws. However, as of the Tax Cuts and Jobs Act of 2017, this has changed for divorces finalized after December 31, 2018. Now, alimony payments are neither tax-deductible by the payer nor are they considered taxable income for the recipient. This change has potentially significant financial implications for both parties involved in divorce settlements.

For those in Danvers navigating these complexities, understanding the tax implications in conjunction with Massachusetts state laws is essential. Our team at Broderick & Mastrapasqua, LLC provides insights into how these changes may affect your financial planning and legal strategy. We help clients anticipate and plan for how the structure of alimony payments will influence their tax situation, ensuring all financial aspects are comprehensively considered.