Legal Question in Family Law in Massachusetts

Re: Divorce Bonus

Reasonably anticipated bonuses are considered marital assets.

If this results in a material change in circumstances since the last alimony or child support order, you may wish to consult your divorce attorney or an attorney of your choice regarding the merits of filing a modification complaint.

Re: Divorce Bonus

Bonuses are part of the marital income for purposes of determining child support and alimony, so long as they are reasonably anticipated. Usually, we look to the "track record" of receipt. Whenever possible, the annual W-2 is used as the basis of determining the real income of the recipient.

Re: Divorce Bonus

Bonuses are absolutely part of the marital estate, to the extent they are reasonably susceptible to estimation in the way that Attorney Lee suggests.

Re: Divorce Bonus

His total income would be considered his compensation and if his salary is lower, but the bonus compensates for that, it should not result in a change in circumstances that lowers his payments for alimony or child support. If it results in more income, then you may have reason to seek more child support if applicable.

I suggest you contact your divorce attorney or contact a new divorce attorney for assistance.

Please feel free to contact me if you have more questions.