This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Spousal Support Conditions In Massachusetts
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To qualify for alimony support, the receiving spouse must prove financial hardship and make a case for monetary assistance, whether temporary or long-term.
The purpose of alimony is to ensure both spouses can easily maintain their former lifestyle post-divorce. To qualify for alimony support, the receiving spouse must prove financial hardship and make a case for monetary assistance, whether temporary or long-term.
Massachusetts Alimony Requirements One of the most notable alterations is the provision generally specifying that alimony orders terminate when the payor reaches “full retirement age.” The age of retirement is based on Social Security guidelines, currently set between age 66 and 67.
The person asking for alimony must show the court that he or she needs financial support, and that the other spouse has the ability to provide financial support.
Generally, a request for alimony cannot be raised for the first time after a divorce is final. There are two exceptions to this rule. First, the court may not have awarded traditional alimony in the final judgment, but it may have awarded nominal alimony.
Alimony is meant to address the income needs of a spouse who might not have the same earning potential as their ex-partner, even after the assets have been divided, no matter how big the value of the assets is.
The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.
California determines alimony based on the recipient's “marital standard of living,” which aims to allow the spouse to continue living in a similar manner as during the marriage.