While the definition and formula for alimony varies widely by jurisdiction, the payor and recipient's respective incomes are the key information in determining need and ability pay. So it's no surprise that a key question in alimony disputes is whether the potential payor or potential recipient can earn more income than they currently are earning (or reporting). In addition, sometimes spouses are concerned that the typical formulas used to calculate alimony will disincentive the payor or recipient from earning additional income because the additional income would then change the alimony amount. This was the subject of a recent question on the Massachusetts Bar Association's My Bar Access online forum . The question focused on how to address this incentive in a case where the recipient (wife) was self-employed and the payor (husband) believed that the recipient was underemployed and could earn more. The mediator was asking for ideas on how to build incentives into the
Read about mediation, collaborative law, and divorce in Massachusetts, with content from Skylark Law & Mediation PC, Gray Jay Endeavors LLC, and Dispute Resolution Training Associates.
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