This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Spouse Alimony Provisions With Spouse In Massachusetts
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FAQ
To qualify for alimony support, the receiving spouse must prove financial hardship and make a case for monetary assistance, whether temporary or long-term.
Not necessarily is you move in together, but if you cohabit, then yes, alimony does terminate. It's more complicated than this, but cohabitation is living together in a husband-wife relationship, including sexual intimacy. Usually, moving back in with an ex for all intents and purposes ends alimony.
The purpose of alimony is to ensure both spouses can easily maintain their former lifestyle post-divorce. To qualify for alimony support, the receiving spouse must prove financial hardship and make a case for monetary assistance, whether temporary or long-term.
If your original divorce didn't award alimony, and didn't mention alimony in any way, you can file a complaint for alimony for the first time at any time after your divorce. To request alimony, you'll need to file: Complaint for Alimony. This is a form you write yourself, not a form you get from the court.
Alimony is not a factor in every divorce case, and is granted on a case-by-case basis.
The person asking for alimony must show the court that he or she needs financial support, and that the other spouse has the ability to provide financial support.
Massachusetts laws ...the amount of alimony should generally not exceed the recipient's need or 30 to 35% of the difference between the parties' gross incomes established at the time of the order being issued.
Establish Clear Objectives Assess Financial Situations. A thorough assessment of each spouse's financial situation is crucial. Consider Different Types Of Alimony. Use Mediation As A Tool. Practice Transparency. Prepare For Compromise. Keep The Focus On The Future. Document Agreements Properly.