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?

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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. She explains that in Massachusetts, alimony is governed by the Alimony Reform Act, which provides guidelines for determining both the amount and duration of alimony payments. The statute considers various forms of income, making it essential to accurately assess a party’s true earnings. The amount of alimony is limited both by a percentage of the paying spouse’s gross income and by the demonstrated need of the recipient spouse, ensuring that alimony is not indefinite.

Originally, the Act set the maximum percentage at 30 to 35% of gross income. However, this calculation was based on the previous tax treatment of alimony, which was taxable to the recipient and deductible for the payer. Since the IRS has changed this tax treatment, Massachusetts has not yet adjusted the statutory percentages. Experts now estimate that the effective range is approximately 22 to 26% of gross income. The calculation is intended to provide support proportionate to the recipient’s needs while reflecting the lifestyle the parties maintained during the marriage.

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