Legal Question in Family Law in Massachusetts

What's a fair alimony payment?

We were married for 6 years and are now getting divorced. We have 2 children and she has been a stay at home mom for the whole time. She does have a B.S. in business administration, but has never used her degree.

We have settled on everything except alimony. I make ~$7700/mo (gross). Child support is set based on the guidelines, which comes to about 25-31% of my gross each month.

Should I be providing much more in terms of alimony? Would a judge order me to pay any more aside from potentially providing her with health care? What would be a 'fair' amount considering I will have to maintain a residence of my own to support 2 children as I will get them during summers and alternating holidays?


Asked on 12/02/09, 4:13 am

4 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

You should engage an attorney to advise you in more depth.

In many cases, the judge would determine that child support is sufficient in this case. It is not a long-term marriage. She apparently has a relatively recent bachelor's degree, and thus can re-enter the workforce to earn at least part-time funds. I assume that you are both relatively young in stating this.

However, your earnings close in on $100,000.00 per year. A judge could reasonable tack some alimony on top of the child support, essentially approximately equalizing your earnings. This is not entirely likely. However, factors which could increase the likelihood:

-She is NOT in her late 20's to mid-30's, as I have assumed, but older;

-Her degree is less recent;

-She has a significant disability that limits work.

This is BY NO MEANS a complete and fully analyzed response. As I said, you really need to get a lawyer to go through this with you. If you have one and are seeking second opinions, you should pay for an extensive in-office consult with another attorney, which would carry full attorney-client privilege.

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Answered on 12/07/09, 10:02 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

I agree with Attorney Lee that you should sit down with an attorney. Regardless of how far along you and your current wife are in the negotiation process, an attorney can assist you in preparing and filing a thorough legally sufficient settlement agreement. My firm charges a flat fee for uncontested divorce proceedings, and I welcome you to contact my office 617-357-4898.

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Answered on 12/07/09, 10:07 am
ERNEST BIANDO LAW OFFICE OF ERNEST T. BIANDO, LLC

I agree as well-you need to speak with an attorney as many factors are taken into account when alimony amounts are in question.

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Answered on 12/07/09, 4:08 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

On such a brief marriage, I do not believe that you should pay any alimony.

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Answered on 12/10/09, 9:28 am


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