Alimony and Spousal Maintenance Attorney in Boston, Massachusetts

How does a spouse’s income impact the amount of spousal support they are required to pay or receive?

More In This Category

View Transcript

so in Massachusetts um we have the
alimony Reform Act and that dictates
what income and what amounts of alimony
should be paid for how long pursuant to
that act um various forms of income are
considered and obviously again you’d
have to determine accurately what the
real income is but the amount of alimony
is limited to a perc percentage or the
need of the recipient spouse so that
it’s not it’s not endless there’s not an
endless stream that there can be and the
issue is that according to the statute
the percentages of alimony the maximum
are 30 to 35% of the gross but that was
based on when alimony was taxable and
tax deductible which is no longer the
the case the IRS is no longer allowing
that so the legislature in Massachusetts
has not caught up with this and we have
not reassigned the um percentages but
that roughly translates to approximately
22 to
26% of gross income now um which has
been calculated by experts so the amount
of alimony is limited to this percentage
and also by the need of the recipient
spouse which is reflective of the
party’s lifestyle during the
marriage

Boston, MA family law attorney Terri Partridge discusses how a spouse’s income impacts the amount of spousal support they are required to pay or receive. In Massachusetts, the Alimony Reform Act governs the determination of income and the amounts of alimony to be paid, as well as the duration of such payments. Various forms of income are considered under this act, and it is essential to accurately determine the actual income. The amount of alimony is restricted to a percentage or the demonstrated need of the recipient spouse, ensuring it is not an endless obligation.

According to the statute, the maximum percentages for alimony were set at 30 to 35 percent of the gross income. However, this calculation was based on the assumption that alimony was taxable and tax-deductible, a scenario that is no longer applicable as per changes by the IRS. Despite this change, the Massachusetts legislature has not adjusted these percentages accordingly. Presently, this roughly translates to approximately 22 to 26 percent of gross income, a calculation determined by experts.

The limitation on the amount of alimony is not only bound by these percentages but also by the demonstrated need of the recipient spouse. This need is reflective of the lifestyle that the parties maintained during the course of their marriage.

More Videos From This Lawyer