In a divorce, alimony is one of the most contentious factors that a couple must face. This is because in many cases there is one spouse that may have been in a less favorable economic position throughout a marriage. This individual may seek to receive alimony payments for a period of time as they work to be able to return to gainful employment.
However, there are many factors that courts in Massachusetts consider before awarding alimony. These include not only the future employment prospects of a spouse, but also factors such as the lifestyle of the family prior to the divorce and availability of assets to divide during the divorce. In addition, some cases could include considerations of the behavior of one of the spouses.
This is what happened in one recent case from California that may be of interest to our readers in Massachusetts. There, the couple was deciding if and how much alimony would be paid to the wife. The court held that she would not be entitled to alimony payments, despite the other factors that existed, because she had been convicted of domestic violence against her husband within five years of their filing for a divorce. This complied with the laws of the home state of this couple.
Going through a divorce can include many issues that are difficult for soon-to-be former spouses. Alimony is one of the matters that many face as they go through a divorce and that are the subject of intense negotiations. When factors that are uncommon exist, the decision as to alimony can be complicated, and a full understanding of the applicable laws may be important to those deciding how much and how long the payments will be made.
Source: sfgate.com, "No alimony for spousal abuser," Bob Egelko, March 13, 2013