Additional Information:

I’m getting a divorce. My wife makes more money than I do, will I be entitled to alimony and how is it determined in Massachusetts?

ATTORNEY ANSWER:

A new bill on Alimony was filed in January 2011 in the Massachusetts Senate.  It is not law yet, but if enacted, it will reform Alimony Law in Massachusetts.  The proposed bill would create several categories of alimony, establish durational limits, and provide guidelines on the calculation of alimony payments.
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The division of marital assets is controlled under Massachusetts General Law Chapter 208 – 34. The Probate Court uses several factors to determine how to divide the marital estate: the length of the marriage, the conduct of the parties during the marriage, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties and the opportunity of each for future acquisition of capital assets and income.The Court may consider the contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates and the contribution of each of the parties as a homemaker to the family unit. The Court may make a judgment for either of the parties to pay alimony to the other. The Court also considers the present and future needs of the dependent children of the marriage.

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During the mediation sessions the husband and wife will discuss how to best continue health insurance benefits for the entire family post-divorce. When health insurance coverage is available to the parties through an employer or organization, the mediator will help the parties make a plan so that health insurance may be extended to cover both spouses and any dependent children. [Read more...]

“Custody and visitation” are fighting words. Divorce mediators have lead the movement to encourage divorce lawyers and judges to use less confrontational terms such as, “Parenting Schedule”, “Parenting Time”, “Parental Responsibilities”, “Parental Obligations” and “Parental Duties”. The new terms are more in line with the reality that parenting is a joint effort.

This language acknowledges that society appreciates that parenting is a gender neutral activity. Divorce mediators are particularly adept at focusing on parenting as a shared responsibility. Parker Mediation believes in a child centered, child focused approach to parenting. The mediator helps the parties to find their inner strengths, to acknowledge the strengths of the children as well as the other parent and to develop parenting plans that utilize the strengths of each family member to the fullest potential. [Read more...]

Alimony is controlled under Massachusetts General Law Chapter 208 – 34, “In determining the amount of alimony, if any, to be paid, or in fixing the nature and value of the property, if any, to be so assigned, the court, after hearing the witnesses, if any, of each party, shall consider the length of the marriage, the conduct of the parties during the marriage, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties and the opportunity of each for future acquisition of capital assets and income”. [Read more...]

Parker Mediation recognizes that parents have a mutual duty to support their children. The manner in which the children are supported by the parties post divorce is determined by the special circumstances of each family. Whenever financially possible, parents are encouraged to provide the child(ren) with a level of support that will permit the child(ren) to enjoy the lifestyle of the family prior to divorce.Child support is controlled by M. G. L. C. 208 – 28 which reads in part. “In determining the amount of the child support obligation or in approving the agreement of the parties, the court shall apply the Massachusetts child support guidelines (PDF document) promulgated by the chief justice for administration and management, and there shall be a rebuttable presumption that the amount of the order which would result from the application of the guidelines is the appropriate amount of child support to be ordered”. [Read more...]