Want Alimony? Move to Massachusetts!

So here is the weird thing about divorce in southern New England...where you live makes a massive difference in how the courts treat spousal support, aka alimony.

Rhode Island, my home state, is known to be very stingy when it comes to awarding alimony. There are no formulas for deciding what amount is right and proper given the length of the marriage or incomes of the parties. And in general, if it is part of a divorce settlement at all, it is usually limited to giving the lower-earning spouse an opportunity to get back on their feet financially. It is usually temporary and decided on a case-by-case basis. And the amount is based largely on need and the ability to pay with a distinct bias towards. We actually do a fair amount of work for people who are trying to figure out what is sensible from a need and ability to pay standpoint. .

Massachusetts, on the other hand, has written formulas for calculating spousal support and is much more accepting of spousal support as a key component of a marital settlement. The amount is determined based on the income of the parties (about 30% - 35% of the difference in incomes), and the maximum duration is calculated based on the length of a marriage. For example, if a marriage lasted 16 years the targeted duration of alimony is 80% of 16 or 12.8 years. It is a tiered system which creates a longer commitment for longer marriages. It is simple, concrete, and definitely preferable if you are the recipient of the support.

Now I am not a lawyer but it would seem that if you see a divorce in your future there may be some pre-planning to do. I am not one to suggest a legal strategy, but there exists the potential for filing in the state that gives you the possibility of a better outcome. That will mean being a resident of that state long enough where you can legally file there, and being the first one to file if your spouse lives in another state.

I highly recommend you speak with an attorney if you feel paying or receiving spousal support is financially critical to you, and get a professional opinion as to how the courts would treat it. There are lots of considerations in addition to what I have mentioned in this little post.

I remain available to speak with you about your divorce as a mediator and financial coach and analyst. Give us a call at 401 533-4142 or check us out online at www.divorcefinancialally.com.