Weymouth Alimony and Divorce Information
Weymouth, Massachusetts is a town in Norfolk County and is located near Braintree and Hingham, Massachusetts. Residents of Weymouth going through a divorce have a close resource, as our firm is located right in Hingham near the Hingham Shipyard. We also have an office in Boston if you work in the Financial District.
Norfolk Family and Probate Court
The Norfolk Family and Probate Courthouse is located at 35 Shawmut Road Canton, MA 02021 and has jurisdiction for all family and probate issues in Norfolk County. It is accessible through the Providence / Stoughton Commuter Rail Line of the MBTA with the closest stop being approximately one and a half miles from the courthouse. The courthouse is open from 8:30 A.M. to 4:30 P.M. and offers free parking in the front and rear of the courthouse.
The Town of Weymouth was settled in 1622 and incorporated in 1635. Some 55,643 people call the 21.2 square miles of Weymouth home according to the 2010 Census. Weymouth held the distinction of having the oldest continuous town meeting form of government until 1999 when it changed to a city form of government. However, Weymouth is one of fourteen cities in Massachusetts that has applied for and been granted to be called a town instead of a city.
Weymouth is a short drive from Boston using I-93 and is also serviced by the Kingston / Plymouth Line of the MBTA commuter rail. Weymouth is divided into districts by the highways including Massachusetts Route 3, 18, and 58. Weymouth was heavily into the shoemaking industry from the early 1700’s until 1973, when the Stetson Shoe Company closed. Over time Weymouth has evolved from an industrial center for producing ironworks and shoes to focusing on small retail services before becoming a modern suburb of the Great Boston Region.
Weymouth is also the birth place of Abigail Adams, wife of the First Vice President and Second President John Adams and mother to John Quincy Adams the sixth President. The Town of Weymouth has named both a green and a state park in her name that boasts beautiful skyline views and walking paths.
Alimony and Spousal Support Information for Weymouth
Spousal support, also known as alimony, is a form of payment to a former spouse for a variety of reasons. In Massachusetts, the length of marriage will determine how long the alimony may last, while income is determined by a number of factors including of the paying party and the marital lifestyle will determine the amount of money paid to the receiving party. Alimony is not limited to one spouse, as either party may receive alimony payments regardless of gender. It is important to know that if a situation arises where alimony and child support are at issue, but funds are limited, the court will always look at ensuring child support is given priority.
Types of Alimony in Weymouth Divorce
Alimony is dependent on the type that is ordered by the court. Alimony may be temporary or “permanent” in nature. The types that exist are rehabilitative, reimbursement, transitional, and general alimony. Rehabilitative alimony is paid to a spouse for a period of time less than five years to help them become financially independent. This allows the receiving party money to supplement an income while they get training or an education. Reimbursement alimony is alimony paid to a partner that supported the other party during the marriage while they furthered their education or career while forgoing working. Transitional alimony helps when a couple was married for less than five years and want to ease the receiving into a new lifestyle. General alimony can be determined by the marriage, or may even consider the time before the marriage that the parties lived with one another and supported each other.
When Alimony is Paid
Alimony payments are generally paid weekly, however, parties can determine other payment strategies including monthly payments, or a lump sum payment. It is also possible to forgo alimony to receive a larger division of the marital estate. For more information about the relationship between alimony and property division, click here. Each type of alimony, payment plans, or forgoing alimony all have their benefits and you should discuss which is best for you with a qualified family law attorney.
Tax Issues for Alimony Payments in Weymouth
Alimony is calculated and considered as income for the receiving party. However, this may not be the only payment that is made. The division of marital property could require you to split marital accounts and pay your former spouse an equitable portion of these accounts. If you are seeking to ensure that you are getting a fair share of the marital property and want to limit attorney costs, look for an attorney who is well-skilled in negotiation. A good family law attorney should be able to negotiate a fair deal for you and if the other party is unwilling to cooperate, they will be able to litigate the matter to give you the best possible chance of success.
Limitations of Alimony with Premarital Agreements
You can help limit your exposure to alimony or the division of the marital property with a prenuptial agreement. These agreements made before marriage set out guidelines to how the assets and alimony will be determined. You also may be able to obtain a postnuptial agreement once you are married. These require special disclosures and can outline how an already married couple will divide assets if the divorce, it is a great option if you and your spouse would like to attempt to fix a marriage, but want to know what will happen if you cannot. Talking to a family law attorney is a good first step in obtaining a prenuptial or postnuptial agreement. It is important that these agreements contain the required disclosures and are fair both when entering the agreement and when it is needed at a divorce. Working with an attorney can ensure that your agreements are enforceable and help you in the process of obtaining your prenuptial agreement.
Annulments and Alimony
Alimony is granted when a divorce is finalized. However, if a marriage is deemed to be invalid it is annulled. Annulments are granted in circumstances where the marriage fits certain criteria that the court will not recognize the marriage as ever being valid. Some situations can be in the marriage was obtained by fraud, one party is impotent, or the marriage was forced. Annulments are more difficult to get than a divorce and require more work. family law attorneys are trained in how to careful word your complaint for an annulment to ensure that if you are entitled, you have the best chance of obtaining one. They also can help you better understand the circumstances surrounding what would happen if an annulment is granted.
For more information about alimony or divorce in Weymouth, contact our office today. We offer a free, private consultation.