It is well-settled in Massachusetts that alimony, when appropriately ordered, is based on one party’s financial need and balanced with the opposing party’s ability to meet that need.
What most fail to consider is how alimony may be changed, reduced, increased or terminated. After a divorce judgment, the mechanism to change an alimony order is a Complaint for Modification. What must be proved is a material change in circumstances.
When an alimony provision of an agreement is merged into the Judgment, the merger makes the alimony modifiable, when there has been some change since the divorce. When alimony survives the Judgment, it becomes more difficult to modify.
The Probate and Family Court has employed the doctrine of attribution of income so that one party in the divorce action may not hide income, voluntarily become underemployed or unemployed in an attempt to reduce their alimony obligation. Alternatively, an involuntary layoff or job loss is looked upon with more credibility. Recently, the courts look at one’s earning capacity rather than their actual income to consider one’s ability to pay.
Finally, early retirement or income-reduced career changes are tactics the payor spouse can use in an attempt to reduce their financial obligation.
No matter what stage you are at in the divorce process, the lawyers at The Massachusetts Family Law Group have earned the reputation as zealous advocates for their clients’ legal matters.
Between our offices in Plymouth and on Cape Cod, we cover all the towns and cities in Plymouth, Bristol, Barnstable, Dukes and Nantucket counties and gladly offer no-obligation consultations to those seeking legal representation. Contact us to set-up an appointment.
We’ve reviewed, represented or even litigated family law matters in Hingham, Plymouth, Brockton, Scituate, Easton, New Bedford, Barnstable Hyannis, Falmouth, Orleans and even Martha’s Vineyard and Nantucket. Call (800) 910-DIVORCE or contact us today.
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