Legal Question in Family Law in Massachusetts

In a Massachusetts divorce, we are considering that I stay in the marital home and assume all of its debt to include mortgages, utilities, etc.. My ex-spouse would leave and not be responsible for any of the mortgage or debt incurred. Would I still be responsible for paying alimony?


Asked on 10/24/12, 6:45 am

2 Answers from Attorneys

James Hall Qua, Hall, Harvey & Walsh

It depends upon a number of things including but not limited to (and not in any order of importance): how much you each make, how much equity if any is in the house, what the other assets/debts are, whether or not child support is being paid, and how long you have been married.

An agreement between you both to waive alimony likely would be approved by the court unless the court believes it is patently unfair.

Atty Hall

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Answered on 10/24/12, 7:07 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

Thank you for your question.

If the two of you are in agreement on each and every term of your divoce, you can file a joint petition for divorce with the court together with an appropriate separation agreement. Assuming the agreement is fair and reasonable, it will likely be allowed by the judge. It would be hard for me to assess what is fair and reasonable without knowing more about your each of you individually and having a picture of the marital estate. If you are not yet in agreement, but believe that you can work toward an agreement, I strongly recommend that you reach out to an attorney to assist you in bridging the gap and proposing creative and appropriate ways to meet your goals.

Feel free to reach out to our office at 617-357-4898 if you would like to discuss your situation in greater detail.

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Answered on 10/24/12, 8:34 am


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