What is the minimum length of marriage to be considered for alimony?
Full Question:
I know that to receive alimony a judge takes into consideration the length of the marriage, what is the minimum length...I've been married for 15 mos. If I have no chance of consideration because it's not been 10 years, per se, this will make a difference in my response to how he wants to file for this divorce.
05/18/2007 |
Category: Divorce ยป Alimony |
State: Massachusetts |
#5244
Answer:
A determination of alimony is dependent on many factors, including the length of the marriage. There is no general minimum length of marriage in order to receive alimony.
The applicable Massachusetts statute is as follows:
G.L.c. 208, § 34. Alimony or assignment of estate; determination of amount;
health insurance.
Section 34. Upon divorce or upon a complaint in an action brought
at any time after a divorce, whether such a divorce has been adjudged
in this commonwealth or another jurisdiction, the court of the commonwealth,
provided there is personal jurisdiction over both parties,
may make a judgment for either of the parties to pay alimony to the
other. In addition to or in lieu of a judgment to pay alimony, the
court may assign to either husband or wife all or any part of the
estate of the other, including but not limited to, all vested and
nonvested benefits, rights and funds accrued during the marriage and
which shall include, but not be limited to, retirement benefits, military
retirement benefits if qualified under and to the extent provided by
federal law, pension, profit-sharing, annuity, deferred compensation
and insurance. 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. In fixing the nature
and value of the property to be so assigned, the court shall also
consider the present and future needs of the dependent children of the
marriage. The court may also 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. When the court makes an order for
alimony on behalf of a spouse, said court shall determine whether the
obligor under such order has health insurance or other health coverage
available to him through an employer or organization or has
health insurance or other health coverage available to him at reasonable
cost that may be extended to cover the spouse for whom support
is ordered. When said court has determined that the obligor has such
insurance or coverage available to him, said court shall include in the
support order a requirement that the obligor do one of the following:
exercise the option of additional coverage in favor of the spouse,
obtain coverage for the spouse, or reimburse the spouse for the cost
of health insurance. In no event shall the order for alimony be
reduced as a result of the obligor's cost for health insurance coverage
for the spouse.