This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the grounds that since this order was made, the conditions and circumstances on which the order was based have materially changed. 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.
Alimony For Spouse In Massachusetts
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FAQ
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.
Generally, a request for alimony cannot be raised for the first time after a divorce is final. There are two exceptions to this rule. First, the court may not have awarded traditional alimony in the final judgment, but it may have awarded nominal alimony.
Alimony is meant to address the income needs of a spouse who might not have the same earning potential as their ex-partner, even after the assets have been divided, no matter how big the value of the assets is.
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.
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.
California determines alimony based on the recipient's “marital standard of living,” which aims to allow the spouse to continue living in a similar manner as during the marriage.
Assess Financial Situations This includes current incomes, potential future earnings, living expenses, and any other financial obligations, such as debts or investments. Having a detailed understanding of these financial landscapes can help each party recognize the necessity and fairness of alimony payments.
The court will only award general alimony if the requesting spouse demonstrates a financial need. The duration, meaning the term of alimony payments, depends on the length of the marriage.
You must go back to the original court that made the order and file a Motion for Modification of Maintenance / SPousal SUpport Payments. Check with the clerk's office at the court because they may have a generic form that you can use to fill out to apply for the reduction in alimony payments.