Understanding The Difference Between Alimony And Child Support

If you are going through a divorce, it is important to understand how money is handled for your ex-spouse and your children. Here is a simple guide to how these payments work in Massachusetts.

How Taxes Affect Alimony And Child Support

One of the biggest things to know is how these payments affect your taxes. In the past, spousal support was tax-deductible, but today the law has changed:

• Alimony: This is money paid to support a former spouse. Today, the person paying alimony cannot use it as a tax deduction. The person receiving the money does not have to report it as taxable income.
• Child support: This is money for the care of children. Just like alimony, child support is not tax-deductible for the person paying it, and it is not taxed for the person receiving it.

Understanding how these rules apply to your specific situation can make a real difference in your financial planning after divorce. An attorney can help you think through the full picture before you agree to any payment structure.

Frequently Asked Questions About Alimony

When a marriage ends, one of the biggest worries is how much money you will have to live on or how much you will have to pay your ex-spouse. Here are some common questions about alimony.

How is the duration of alimony calculated in Massachusetts?

In Massachusetts, the length of your marriage determines how long you may receive or pay support. The state counts the time from the day you got married until the day the divorce papers were officially delivered. Under the 2011 Alimony Reform Act, these limits apply:

• 5 years or less: Up to 50% of the marriage length.
• 10 years or less: Up to 60%.
• 15 years or less: Up to 70%.
• 20 years or less: Up to 80%.
• More than 20 years: A judge decides what is fair.

Because these timelines are strictly enforced by the court, it is vital to consult an alimony attorney to understand the specific end date of your marriage.

Can alimony be modified if my ex-spouse starts living with someone else?

Yes. Massachusetts law allows a judge to pause, lower or stop spousal support if the person receiving the money lives with a new partner for at least three months. This qualifies as a “material change in circumstances” because the person now has someone else to help pay for the house and bills. An alimony attorney can help you file a special request with the court to prove this is happening and change your payments.

Does reaching retirement age impact alimony payments?

Generally, yes. Reaching “full retirement age” (usually 66 or 67, according to the Social Security Administration) usually means the alimony payments stop. The law assumes that when a person retires, they won’t have the same paycheck coming in to pay their ex-spouse. However, a judge can sometimes order the payments to keep going if there is a very special reason. To make sure your retirement plans match what the law says, you should review your case with an alimony attorney.

Speak Directly With A Knowledgeable Alimony Attorney

Having the right Massachusetts family law attorney on your side can help protect your rights if your divorce is going to be subject to an alimony arrangement. Contact attorney Erica M. Foster today for a free initial consultation. Call her at 978-605-4105 or click here to fill out her convenient online form.