Will You Receive or Pay Alimony?
For a spouse, usually a wife in a long term marriage, especially one who has been out of the work force for much of her adult life, the prospect of living without financial support from her husband is extremely frightening. Similarly for a spouse who has financially supported the family, usually the husband, the thought of continuing to support his wife for a long period after the marriage is over, may seem terribly unfair.
Unlike child support, which is largely determined by the Child Support Guidelines, Massachusetts law regarding alimony is much more complex and subject to an analysis of the factors set out in the law and even the idiosyncrasies of different judges, who have broad discretion in determining whether to order alimony at all and, if so, how much. Whether there should be alimony at all, how much, and for how long, are all issues that require an experienced divorce attorney.
The Law Office of Sanford I. Furman has the experience and expertise to explain how Massachusetts law regarding alimony applies to your situation. Attorney Furman will take a thorough history of your marriage and assist you in setting realistic goals, and in meeting those goals.
State of the Law
The same statutory factors used to determine an equitable property division, M.G.L. 208 section 34, are used to determine alimony, but applying those factors to alimony cases involves a different analysis. Under present Massachusetts law, if a judge, after applying all the factors, decides that alimony should be awarded, the alimony is permanent, until either death, remarriage of the recipient, or a significant change in the circumstances of one or both parties. This means that if there is a trial the judge either orders permanent alimony or no alimony. However the parties, by agreement, can limit the number of years that alimony will be paid before it terminates.
As with other aspects of family law, it is important to have an experienced attorney who can help negotiate the best arrangement for you, and who is able to take the case to trial if necessary.
Under the current law, a judge cannot order short term alimony, only permanent alimony or none at all, but the parties can negotiate the amount and duration of alimony.
As with property division, there is no right to alimony in cases where the partners are not and never were married to each other. The issue is not gender. Being married certainly does not guarantee that there will be alimony, and in many cases there is no alimony. But not being married means there can be no alimony. There is no "partner" support or "palimony".
Experience In Handling Alimony Cases
For over 24 years, Attorney Furman has been assisting people throughout eastern Massachusetts, determine whether they are eligible, under Massachusetts law, to receive alimony or will likely be required to pay alimony. He strives to obtain the best outcome possible under the law for them, either through negotiation or trial.
Free Initial Consultation
Please contact the Law Office of Sanford I. Furman by phone or e-mail if you have an alimony issue to schedule a free consultation. Sanford I. Furman is a skilled trial lawyer representing people throughout greater Boston, including Wellesley, Brookline and Brighton, and the Metro west areas of Framingham and Natick, Massachusetts. Evening and weekend meetings can be arranged by appointment.
