Boston Divorce Lawyer ... Robyn A. Briatico

Changing the world, one site at a time…

Important Note:
We encourage all of our website guests for their own protection to never act on legal information obtained from any website including this one as each case has its own unique issues thats best addressed by a licensed experienced Massachusetts attorney or lawyer practicing in the area's of Divorce and Family Law if that is the area of interest.

The general information and answers we provide in the areas of Family and Divorce Law are for educational purposes only and should not be acted on or taken as legal advice for any specific situation.

Searchable Massachusetts Alimony FAQs 1

Your one stop source for Massachusetts Family Law - Alimony FAQs 1

No results were found

  • Question #1: Do I have to pay Massachusetts state income tax on alimony or spousal support?
    Answer #1: Yes! Alimony is income to the recipient spouse of former spouse and must be included as income in both your Federal and Massachusetts state income tax return as the income is taxable, subject to Massachusetts Depart of Revenue guidelines (DOR). 
  • Question #2: Can I apply for an increase in alimony or spousal support payment in Massachusetts if my ex-spouses income has increased or risen since the last alimony court order?
    Answer #2: In order to modify an existing court order, you must show the court a material change of circumstances. The change in circumstances may be the needs or the resources of a party which may also include income changes. if there is a substantial decrease in income, financial status, job layoff, or job termination, it may warrant a modification. However, there is no guarantee that the courts will approve the modification on this factor alone.
  • Question #3: How can I lower, reduce, or terminate alimony or spousal support in Massachusetts?
    Answer #3: You need to show a material change in circumstances in order to file for an alimony modification in Massachusetts? The courts consider factors outlined in Massachusetts General Laws Chapter 208 Section 34 in determining whether a reduction or termination (elimination) in alimony is warranted.
  • Question #4: If my former spouse, ex-husband, or ex-wife is late, delinquent, or fails to pay alimony, what are my options to enforce the original court order in Massachusetts?
    Answer #4: You can file a complaint for contempt in Massachusetts for failure to pay alimony in a timely manner.
  • Question #5: Will my alimony be reduced in Massachusetts if I change careers or get a new job?
    Answer #5: The judge has discretion about whether to keep the original alimony order unchanged. If you change careers or get a new job that substantially reduces your income, the judge has discretion to keep the original alimony order unchanged or intact because you voluntarily chose to be underemployed.
  • Question #6: If you lose your job, can the Massachusetts probate court judge use your second wife's income to determine how much if any to reduce your original alimony award?
    Answer #6: A payor's spouses income and assets shall not be considered in an alimony modification brought by the former spouse.
  • Question #7: If my former spouse, ex-wife or husband gets a second job or works overtime to earn more money, can i file for an alimony modification in Massachusetts?
    Answer #7: You can file for alimony modification if there has been a material change in circumstances. The Court has discretion whether or not to modify the existing order based on factors in Massachusetts General Laws Chapter 208 Section 34.

    If the payor finds a second job, part time, or overtime work after the initial alimony order, the extra income shall be presumed immaterial in a subsequent alimony modification brought by the former spouse. 
  • Question #8: How is alimony or spousal support calculated or determined in Massachusetts?
    Answer #8: The Alimony Reform Act of 2011 sets specific guidelines on the levels and duration of alimony awards. Durational limits on general term alimony depend on the length of marriage. Alimony awards generally should not exceed the recipient's need or 30% to 35% of the difference between the parties' gross incomes established at the time of the order being issued. Income shall be defined as set forth in the Massachusetts child support guidelines.

    The court may attribute income to a party who is unemployed or underemployed depending on the circumstances of the case.
  • Question #9: Do I have to pay federal income tax on alimony or spousal support income in Massachusetts?
    Answer #9: Yes! Alimony is income to the recipient spouse or former spouse (ex-husband or wife) and must be included in your Federal as well as Massachusetts State income tax return as the income is taxable subject to the IRS and Massachusetts Department of Revenue (DOR) guidelines.
  • Question #10: Can my former spouse, ex-husband, or wife file for chapter 7 or 13 bankruptcy in order to avoid having to pay an existing alimony spousal support order in Massachusetts?
    Answer #10: No! Both alimony and child support obligations may not be discharged or eliminated in the Bankruptcy Court. In other words, Federal Bankruptcy Laws exempt the discharge or elimination of Massachusetts court ordered alimony or child support awards.