Generally speaking, alimony is not based on the conduct of the parties. It is based on the length of the marriage and the earnings of each of the spouses.
Evaluating any legal question requires a detailed knowledge of the specific facts involved. Since a short question will rarely contain all the relevant facts, the answer here should be considered a general comment for your consideration and not legal advice.
You should look at Massachusetts General Laws, Chapter 208, Sections 48-55, to see if you may be aligible for alimony. It can depend on how long you've been married, or if you need alimony for a period of time to establish a career so that you can support yourself independently, or for a time so that you will be able to transition to single, independent life. I hope this helps to get you started.
I'm sorry that you are dealing with this difficult situation. I agree with the answers of my colleagues that support is need-based not conduct-based. Since you have been through enough as it is with your husband you should really consult a divorce attorney to have someone on your side. You may be able to have him help pay your legal fees. You can search online for a divorce attorney on this website on the find a lawyer tab. If you are still suffering from abuse you should call the police and for emotional abuse continue with counseling and if you have a home together your attorney may be able to get an order for him to vacate. To keep your interests protected in the divorce, consult an attorney as soon as possible. Best of luck.
Please be sure to mark if you find the answer "helpful" or a "best" answer. (It lets us know how we are doing.) Attorney Kremer is licensed to practice in Massachusetts. Please visit her Avvo profile for contact information. In accordance with Avvo guidelines, the following disclaimer applies to all responses given in this forum: The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.
This is the financial question not a moral question. How long have you been married and do you have any kids who are r minors?
henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- firstname.lastname@example.org (978) 749-3606.
Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.
Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.
Spousal support, which is often referred to as "alimony" can be awarded for a number of reasons, and the court’s consider the recipient’s need and the payor’s ability to pay.
When determining alimony, courts may also look at a variety of other factors, including:
-Length of the marriage
-Age of the parties
-Health of the parties
-Income, employment and employability of both parties, including employability through reasonable diligence and additional training, if necessary
-Economic and non-economic contribution of both parties to the marriage
-Ability of each party to maintain the marital lifestyle
-Lost economic opportunity as a result of the marriage
-Such other factors as the court considers relevant and material
Ultimately, whether alimony will be awarded in your divorce or post-divorce is somewhat complex. An experienced divorce attorney can evaluate your situation and tell you whether an award is likely, and if so, the potential and maximum amount and duration of alimony.
The answer above does not create an attorney-client relationship. It is recommended that you retain an attorney for legal advice on this matter.
Sign up to receive a 3-part series of useful information and advice about child custody law.