Legal Question in Family Law in Massachusetts
Alimony and property distribution
I have been married five years and have two children (33 months and 7 weeks old). I quit my job when we became engaged to move to another state with my fiance, who had just been commissioned in the military. Since then I have held part-time or temp jobs and attended college occasionally because we moved often and my husband preferred to have me at home. I was discharged from the military reserves at my request soon after we married because I had been enlisted, which made our relationship inappropriate by military standards. Over the years my family has helped us financially, and I personally paid off thousands of dollars of debt that my husband had prior to our marriage. I have been at home since our first child was born. I had just started working at home when my husband got out of the military and found a civilian job in MA. When we moved,I lost the professional contacts I had. Now, not even a year later, we are separated. We bought a house a few months ago. Do I get alimony? If so, how much and for how long? Since my husband earned most of the actual money while we were married, how is our property distributed? I can't possibly earn as much as he does and I need to take care of my children right now.
2 Answers from Attorneys
Re: Alimony and property distribution
If you have primary custody of the children, you will receive child support. The
Massachusetts child support guidelines may be the highest in the country. In order to
formulate an opinion on alimony, I would have to have much more information. Child
support will last until emancipation of the child or a change of custody. Alimony can
be until death or your remarriage
Re: Alimony and property distribution
You will get child support and alimony and a share of the marital property.
In Massachusetts, there is no limit to the number of years you can receive alimony. There is a limit only if you agree to one. The court will consider many factors in determining your need for alimony. Your marriage is a short-term marriage (under 7 years). Your contribution to the marriage (including financial) and need will be amongst those factors considered.
Child support will be computed according to guidelines. There is a possibility you can also receive rehabiliitation -- for instance, money to attend school or college to learn a craft, a trade, or a profession.
Your contribution to paying off your husband's debts might help you get as much as 70% of the house, which would only be significant if you had a large downpayment. After only 5 months of ownership, you will not have decreased the principal balance of your mortgage (assuming you have one).
You do not say what the other property might be.
Get yourself a divorce lawyer. He or she will help you through the divorce.
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