The Alimony Reform Act of 2011 added a formula to Massachusetts Alimony determinations: "Except for reimbursement alimony or circumstances warranting deviation for other forms of alimony, the amount of alimony should generally not exceed the recipient’s need or 30 to 35 per cent of the difference between the parties’ gross incomes established at the time of the order being issued. Subject to subsection (c), income shall be defined as set forth in the Massachusetts child support guidelines." M.G.L. c. 208 s 53(b)  (emphasis added)   Mathematical formulas are convenient and many practitioners and Judges are running the formula right away to see what the boundaries of alimony are (we've even encouraged this behavior with the creation of a website calculator and iPhone App ).  But the recent decision in  Hassey  indicates that the formula should not be the first step in the alimony inquiry. The formula should not be the first step in the alimony inquiry. ...

Kelsey & Trask, P.C. was the first to have an iPhone App for calculating Child Support in Massachusetts  and we've recently updated it with a new look .  In addition we are now introducing two new iPhone applications: The Massachusetts Alimony App : Use this worksheet to calculate the maximum amount and duration of alimony in Massachusetts based on the Alimony Reform Act which took effect on March 1, 2012.  The App allows you to save your calculations or e-mail them.    Massachusetts Divorce Calculators App:  Includes the following 4 calculators necessary to determine family support in Massachusetts: Massachusetts Child Support Calculator, Massachusetts Alimony Calculator, Full Retirement Age Calculator, and Alimony Recapture Calculator. The Massachusetts Child Support Calculator is the same one contained in our Child Support App and the Massachusetts Alimony Calculator is the same one contained in our Mass Alimony App :    ...

UPDATE: The Massachusetts Alimony Reform Act of 2011 was signed by the Governor on September 26, 2011. The new law, which becomes effective March 1, 2012, makes significant changes to alimony in Massachusetts. Read more about these changes here. The Massachusetts Alimony Reform Act of 2011 has been passed by both the House and the Senate and now awaits the Governor's signature. Once it is passed, which is almost assured at this point, there will be many questions about how it is implemented. The one I am receiving most often already is: How will alimony be calculated in cases with child support? The section of the Alimony Reform Act that addresses this question is Section 6(c): "For purposes of setting an alimony order, the court shall exclude from its income calculation: (1) Capital gain income and dividend and interest income which derives from assets equitably divided between the parties under Section 34; and (2) Gross income which the court has already cons...

On January 18, 2011, Senator Gale D. Candaras (D - Wilbraham) and Representative John V. Fernandes (D - Milford) filed An Act to Reform and Improve Alimony . The Act proposes sweeping changes to the Massachusetts alimony laws, and has already been endorsed by the Massachusetts Bar Association. As we discussed in an article on December 3, 2011 , a Legislative Task Force was created to recommend changes that would reach a consensus between Judges, attorneys and the alimony reform advocates. The Act proposed by Senator Candaras and Representative Fernandes is the result of that Task Force's hard work and according to the Press Release, the Act has the unanimous support of all members of the Task Force. Kelsey & Trask, P.C., the authors of this Blog, have created a website that summarizes the provisions of the Act and provides a calculator based on the General Term Alimony recommendations: MassAlimonyFormula.com . Here are some of the highlights: M.G.L. c. 208 s. 34 Curr...

At Kelsey & Trask, P.C. we recognize that the state-of-the-art technology affects not just the positive aspects of our lives but also the negative. For example, constant access to e-mail, facebook, twitter and similar services provides us with both ways to connect and ways to be distracted (as described further in this NPR article about cell phones interfering with marriages ). It is important therefore to make effective use of technology to help you in your divorce case and also to recognize how the use of technology could hurt your case. These new technologies can also be used to help us learn more about the statistics of divorce (as described in this article about the break-up trends displayed in Facebook posts ). Below you can find some resources on our blog and website that deal with both the positive and negative impact of technology on divorce. We have written many times on this site about the many ways in which Facebook, Twitter and other social networking sites are...

UPDATE: There is pending legislation for major changes to the alimony statute in Massachusetts. The Alimony Reform Act of 2011 was filed on January 18, 2011 and you can learn more about the Act at MassAlimonyFormula.com or in our recent blog post highlighting the differences between the bill and the current law . In addition to the Kelsey & Trask MOBILE web site at http://mobile.kelseytrask.com , our Massachusetts Child Support Calculator App , and our Means Test App , we are now offering the Divorce Spousal Support Calculator as an iPhone App . You can calculate alimony the same as in the full calculator located on our website , but you can also save your calculations, e-mail them, and view the accompanying Article. And the App is FREE! Don't worry Droid and Blackberry users, you can still use the mobile calculator in your web browser here.

UPDATE: There is pending legislation for major changes to the alimony statute in Massachusetts. The Alimony Reform Act of 2011 was filed on January 18, 2011 and you can learn more about the Act at MassAlimonyFormula.com or in our recent blog post highlighting the differences between the bill and the current law . Dealing with a case that includes the potential for both child support and alimony can be quite complicated. For purposes of this discussion, I will assume that the person receiving alimony is also the custodial parent (i.e. the person receiving child support). First let's get some definitions: Child Support is the amount of money paid by the non-custodial parent to the custodial parent for the support of the children. Child Support is calculated using a formula called the Massachusetts Child Support Guidelines. The formula is presumptive, and Judges can only vary from the formula in specific circumstances. To view the formula and calculate Child Support click here. A...

UPDATE: There is pending legislation for major changes to the alimony statute in Massachusetts. The Alimony Reform Act of 2011 was filed on January 18, 2011 and you can learn more about the Act at MassAlimonyFormula.com or in our recent blog post highlighting the differences between the bill and the current law . Because of my involvement in the creation of the Divorce Spousal Support Calculator I am often asked if I think alimony in Massachusetts is fair. Of course, this is a loaded question, and so my typical answer is that nothing in the law is "fair", it is simply our best efforts to be "fair and equitable." In creating the Calculator, however, I have already expressed a desire for greater consistency. This in itself is an admission that I would like to see improvement in the current statute. Many others have expressed there displeasure with the current statute as well. As a result there is an ongoing (and at times heated) debate in Massachusetts right now...

UPDATE: There is pending legislation for major changes to the alimony statute in Massachusetts. The Alimony Reform Act of 2011 was filed on January 18, 2011 and you can learn more about the Act at MassAlimonyFormula.com or in our recent blog post highlighting the differences between the bill and the current law . The Stevenson-Kelsey Spousal Support Calculator has been renamed. It will now be known as the Divorce Spousal Support Calculator: An Alimony Formula Resource. We are hoping that this name change will reflect our intention that the calculator be used by everyone to evaluate the reasonableness of alimony proposals in divorce cases. In keeping with that goal, we have also updated the latest calculator worksheet and article to include statutes from both Texas and Maine relating to alimony. In addition, the article contains reference to the latest debate in Massachusetts surrounding a House and Senate bill both proposing changes to the current Massachusetts statute relating ...

UPDATE: There is pending legislation for major changes to the alimony statute in Massachusetts. The Alimony Reform Act of 2011 was filed on January 18, 2011 and you can learn more about the Act at MassAlimonyFormula.com or in our recent blog post highlighting the differences between the bill and the current law . A much awaited decision from the Massachusetts Supreme Judicial Court was published today: Pierce v. Pierce, SJC - 10381, Nov. 9, 2009 . In this case, the Husband had agreed to an alimony order of $110,000 per year after a 32 year marriage, and had voluntarily retired at age 65. Upon retirement, the Husband filed a Complaint for Modification seeking the elimination of his alimony. The trial Judge reduced the alimony to $42,000 per year but declined to terminate alimony. The Pierce appeal centered around the Husband's claim that there should be a presumption that alimony ends upon retirement. Without that presumption, the Husband argues, the person receiving ali...

UPDATE: There is pending legislation for major changes to the alimony statute in Massachusetts. The Alimony Reform Act of 2011 was filed on January 18, 2011 and you can learn more about the Act at MassAlimonyFormula.com or in our recent blog post highlighting the differences between the bill and the current law . Attorney Scott R. Stevenson of Hingham, Massachusetts and Attorney Justin L. Kelsey, Esq. (one of the authors of this blog) created the Stevenson-Kelsey Spousal Support Calculator as a tool to enable family law practitioners to better advise their clients regarding the settlement of divorce cases where a primary issue is the proposed alimony payment from one spouse to the other. There is not currently any “formula” for the calculation of the spousal support obligation (also referred to as “alimony”) that is endorsed by either the Massachusetts Legislature, a consensus of Massachusetts Probate and Family Court Justices, or even a consensus of Massachusetts family law practiti...

Check out the Kelsey & Trask MOBILE web site at http://mobile.kelseytrask.com . You can see the link on our main page in the upper left-hand corner: Our NEW on-the-go site is just the basics for when you need our address or phone number or want to use one of our handy calculators on a minute's notice, such as from the Courthouse when you don't have access to your computer. Need help filling out the Child Support Guidelines Worksheet at the courthouse, or just want to get a figure quickly? Check out the mobile K&T Child Support Guidelines Calculator . The mobile Stevenson-Kelsey Spousal Support Calculator and Chapter 7 Means Test Calcula tor are available as well for quick reference on your cellphone or PDA. And if you have an IPhone and want access to the Kelsey & Trask Calculators NOW - THER E'S AN APP FOR THAT , a web-app. Just type in mobile.kelseytrask.com into safari, your IPhone's web-browser; click the "+" sign and click "Add...