Category Archives: Alimony

No more alimony deduction? How can that be.

Just finished reading the morning paper about all the lobbying to change the new tax proposal. There was no talk about saving the deductibility of alimony.
I was unaware until the draft bill came out that eliminating the alimony deduction was being proposed. This will be catastrophic for families dependent on receiving alimony or unallocated support. The elimination of the tax deduction will result in billions of dollars of tax savings, the articles say. But those billions of dollars are coming from divided families who are struggling to manage to maintain two households on income that had previously been supporting only one. One might say, why should the tax code favor (mostly) men paying alimony. Divorce lawyers know that the tax break makes it possible for more support to go to the families and children. Statutes will have to be changed: The Massachusetts alimony reform law establishes a range of 30-35% alimony—but that is based upon the presumed tax deductibility of alimony. If it not tax deductible these percentages will need to be changed, but until then it will be up to Judges and lawyers to take tax consequences into account.–All of this results in more costs to the litigants and more work for judges. SAD!

Proposed Bill to Allow Pre 2012 Alimony Orders to Terminate at Retirement

Massachusetts Representative John Fernandes recently (February 19, 2016) filed House Bill HD4546 which if enacted would now allow alimony orders which were entered into prior to 2012 to terminate upon the Federal Age of Retirement per Massachusetts General Laws Chapter 208 Section 49. This proposed bill is in direct response to what many believed to be a… Continue Reading

Temporary Alimony is NOT General Term Alimony

The Massachusetts Supreme Judicial Court added new clarification today in its opinion in the Holmes case (see full opinion here). In Holmes, Husband was ordered to pay temporary alimony during the pendency of the divorce modification case.  The SJC held that the 2 years Husband paid “temporary alimony” (during the pendency of the modification case)… Continue Reading

Your first meeting with your divorce lawyer

For most people the first step they take in getting divorced is contacting a divorce lawyer. A lot has been written on how to choose a lawyer. This article assumes that you already have chosen a lawyer who you think you will be satisfied with. There is a fair amount of anxiety surrounding that first… Continue Reading

Filling out your financial statement

One of the more annoying tasks for someone going through a Massachusetts divorce is to have to deal with the financial statement required by the Court. It is typical that in any divorce this form will be redone more than once, because it is required to be current each time there is an important event… Continue Reading

Six Months of experience under the new alimony reform law

We now have been working with the new alimony law for almost six months. What have we learned? Here are my thoughts: The new alimony law has resulted in a sea change. The notion of lifetime alimony in Massachusetts has gone the way of the Dodo bird. Interestingly, the wave of new modifications based upon… Continue Reading

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