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Massachusetts Alimony Reform Explained

Massachusetts Alimony Reform Explained

While permanent alimony Complaints about Massachusetts alimony laws are similar to the complaints against alimony laws in other states.

Protesters say that permanent alimony is unfair to both spouses, as it encourages constant interdependence by the recipient of the alimony, while financially hurting the ex-spouse paying.

Protesters are not fighting every Massachusetts law on alimony, such as allowing permanent payments to those who are mentally or physically ill, disabled, or suffer from another serious condition.

While the desire to change many permanent alimony laws is strong, the alimony law that has protesters fighting especially hard is unique to Massachusetts.

Usually, the amount of each alimony payment is calculated by examining the needs of the ex-spouse and the income of the paying spouse. In Massachusetts, if the spouse paying alimony remarries, the court has a right to award additional alimony to the recipient by calculating the second spouse’s income and assets.

Usually, the spouse paying alimony is the husband. This means that the second wife can be held responsible for contributing her own money to her husband’s ex-spouse. If the couple does not pay, alimony laws dictate that they can be incarcerated.

It is important to remember that like most alimony laws, this one is not always definite. However, it is very possible for a second spouse to be forced to help support the first spouse by contributing alimony.

If the alimony recipient requests an increase in alimony due to the fact that the assets of the ex-spouse have increased, it is very possible for the court to determine the assets and financial standing of the second spouse, and raise the alimony payment accordingly.

This Massachusetts alimony law also may require the second spouse to pay all the first spouse’s alimony, if the spouse responsible for paying their ex’s alimony gets sick, loses their job, or faces another type of financial crisis.

Not surprisingly, this alimony law outrages many second spouses, mostly wives, who may suddenly find themselves responsible for helping to support their spouse’s first partner.

No other state in America has alimony laws that allow a second spouse’s income to be taken into account when determining alimony payments. Protesters of this alimony law are trying to get it repealed.

Unpredictability of Alimony

Unpredictability of Alimony
Sometimes, the outcome of divorce proceedings surprises the individuals requesting alimony and child support.

The only law that is nationwide is that the court must not consider gender at all when awarding alimony and child support.

With no firm laws in place, divorce agreements and case outcomes can differ drastically, leading to some unfair decisions.

The outcome of divorce agreements involving alimony requests is left up to the judge in family court, unless the couple agrees on the alimony and child support arrangements personally.

If set laws were put into effect, an individual would know what will entitle them to alimony payments and what will not.

Understanding Alimony Reform Movement

Understanding Alimony Reform Movement

As the economy has taken a turn for the worse, it has become more difficult for individuals to make permanent.

The main argument made by the alimony and divorce reform movement is that a divorce is supposed to eliminate the legal responsibility that husbands and wives have for each other.

If an individual is paying permanent alimony payments, they are never officially released from their responsibilities to their ex-spouse.

While child support payments end after a set number of years, permanent alimony payments are designed to grant financial support to one’s ex-spouse until the ex-spouse dies.

Even if the individual ordered to pay alimony payments dies, then their estate is usually legally bound to keep paying the alimony payments.

Most individuals fighting for alimony and divorce reform, support temporary or rehabilitative alimony payments. They consider permanent alimony payments to be an injustice to the one who has made payments. Other problems are beginning to arise as well.

With the financial problems that many individuals are facing right now, some ex-spouses are re-opening cases involving alimony payments that have been closed in court.

These ex-spouses are either requesting a restart of alimony payments or an increase in alimony payments. Individuals who may be suffering financially may now find themselves in the position of being forced to pay new or higher alimony payments.

The efforts by those involved with fighting for alimony and divorce reform have not gone unnoticed. Some states are making rules that limit the amount of time over which one is allowed to receive alimony payments.

As times change, more people are starting to think that alimony payments should not be permanent under most circumstances. Activists for alimony and divorce reform will argue that a spouse paying alimony payments indefinitely is unfair.

Quick Overview On Ambiguous Case and State Law

Quick Overview OnAmbiguous Case and State Law
State alimony payments. Alimony reform activists alimony State divorce laws may be pretty clear on some things.

Issues of child custody and child visitation can get confusing, but for the most part, the standards are the same for each case.

Divorce itself can either be fault or no-fault, and there are set standards for that as well. Alimony is a different issue. The payments that are made to an individual’s ex-spouse are to help them maintain a lifestyle that they were accustomed to.

The court determines the amount of these payments and well as the length of time that an individual must pay them. Alimony laws are mostly open to interpretation.

A judge has the right to make the final decision on whom will receive alimony payments and who will not. Since different judges have different thoughts on the subject of alimony, there are a number of outcomes that can happen in any case.

While state divorce laws remain somewhat in tune with each other, a spouse will never know exactly what the outcome of an alimony lawsuit will be. Even prenuptial agreements made between couples before the marriage can be fought in court.

Clean Break in Modern Divorce Versus Separation in the Past

Clean Break in Modern Divorce Versus Separation in the Past
A modern divorce agreement may specify child support amounts as well as the division of property.

These things are still common financial issues to deal with in a divorce.

However, many people who divorce, especially those without children, expect to make a clean break when their marriage is done.

A lot of individuals feel that as long as a spouse is capable of working, the divorce agreement should not include any alimony payments.Many times, the courts will agree to this thought.

Modern divorcees are not awarded alimony payments in their divorce agreements as much as those in the past.

If they are awarded alimony payments, then they are more likely to be temporary, as a way of helping to get the dependent spouse back on their feet before the clean break is created.