Legal Question in Family Law in Massachusetts
Could a person who is not employed at the time of divorce be ordered to pay alimony? We are talking about a 61 Y.O. male, self-employed, no longer operating his business. He and his wife are the only employees-sole proprietorship.
2 Answers from Attorneys
Yes, the court can order him to pay alimony based on your ability to get a job or otherwise may be capable of generating income. If he and his wife operate a business he is employed. He may not be making any money, but the court could determine he is capable of earning $X per year and allow him time to catch-up but he could and probably will be required to pay alimony. They have done it to a former judge who wanted to retire and reduce his alimony and they told him he still had to pay the same alimony.
I suggest he goes and gets a job or opens a new business.
He should consider retaining an attorney to advise him on this fact specific situation.