How is spousal support and alimony determined?

In Massachusetts, the court considers several factors to determine spousal support and alimony. The length of the marriage, the parties’ ages and health, education and employment histories, income and assets of both parties, and the division of assets in the divorce are all taken into account. The court will also consider the roles each party played in the marriage, which includes factors such as if one party is a stay-at-home parent, while the other is the primary breadwinner. If one spouse lost earning potential due to the marriage, the court may also award alimony or spousal support to make up for that. The court may also look at the contributions the lower-earning spouse made to the career and earning capacity of the higher-earning spouse. Alimony is always awarded on a temporary basis and can be modified over time. Spousal support, however, is not automatically granted and can be requested by either spouse or both. The court will also look at any factors that affect the parties’ ability to meet their financial obligations, such as medical bills, car payments, etc. The court will look at the current and future earning potential of both parties before making a determination as to the amount of alimony or spousal support to be awarded. The court has wide discretion in this area, and their decisions are based on the facts and circumstances of each case.

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