Factors to Consider During a Massachusetts Divorce

June 26, 2023

Factors to Consider During a Massachusetts Divorce

Divorce is a difficult and complex process, and it can be overwhelming for individuals who are not familiar with legal procedures and rules. In Massachusetts, the court considers various factors while deciding the terms of a divorce, including spousal support. This blog post aims to help Massachusetts residents understand the factors a court considers during a divorce, how spousal support is calculated, what happens if one is unable to pay spousal support, and what options are available if their ex refuses to pay spousal support. At The Law Office of Kempton P Giggey, we strive to assist the public in Massachusetts with their divorce matters, and we hope this blog will prove informative and helpful.

Factors a Court Will Consider During a Massachusetts Divorce

 The court considers various factors before granting a divorce in Massachusetts. Some of the factors include the length of the marriage, the age and health of the parties, each party's income, the contribution of each party during the marriage, and the lifestyle of the parties during the marriage. The court also considers factors such as the custody of minor children, child support, alimony, and property division. Massachusetts is an equitable distribution state, which means that marital property is divided fairly, but not necessarily equally.

How Spousal Support is Calculated in Massachusetts


In Massachusetts, spousal support is based on several factors, including the length of the marriage, the income of each party, the ability of the parties to work, the age and health of the parties, the contribution of each party during the marriage, and the lifestyle of the parties during the marriage. The court may also consider each party's education, training, or employment skills and opportunities. Once these factors are considered, the court decides on the amount and duration of spousal support.

What Happens if I am Unable to Pay Spousal Support


If someone is unable to pay spousal support, they may request a modification of the support order from the court. The court may modify the support amount or terminate the support obligation if there has been a significant change in circumstances. It is important to note that simply losing a job or experiencing financial hardship is not always enough to get a support order modified. However, if an individual suffers from a serious illness or disability that prevents them from working, a modification may be considered.

What Are My Options if My Ex Refuses to Pay Spousal Support


If an ex-spouse refuses to pay spousal support, an individual may seek enforcement through the court. The court can hold the non-paying spouse in contempt, which means that they may face penalties such as jail time or fines. Additionally, the court can order wage garnishment or levy bank accounts to collect the support amount owed.

Divorce can be challenging, and it is essential to understand the many factors a court considers during a divorce in Massachusetts. Spousal support is one of the most crucial elements of a divorce, and knowing how it is calculated and what options are available if one is unable to pay or their ex refuses to pay, is vital. At The Law Office of Kempton P Giggey, we are committed to helping Massachusetts residents navigate their divorce, and we hope this blog clarified the factors involved in determining spousal support. If you have additional questions or need legal help with divorce or family law matters, contact us today.

A man and a woman are shaking hands while sitting at a table with a laptop.
April 15, 2025
Learn how to avoid probate in Massachusetts through living trusts, joint ownership, and beneficiary designations. The Law Office of Kempton P. Giggey can help you protect your assets and ensure a smooth transfer to your loved ones.
March 14, 2025
When facing theft charges in Massachusetts, the stakes are high. A conviction can lead to serious consequences, including jail time, hefty fines, and a permanent criminal record. Understanding the importance of legal representation when defending yourself against such charges is crucial. The right attorney can make all the difference in your case. Understanding Theft Charges in Massachusetts In Massachusetts, theft covers many offenses, from shoplifting to grand larceny. These charges vary depending on the value of the stolen property and other factors. Whether you are accused of petty theft or a more serious offense, it is essential to understand the specific charges you are facing to form an effective defense. The Role of a Criminal Defense Attorney A criminal defense attorney plays a critical role in protecting your rights throughout the legal process. They will review the details of your case, investigate the evidence, and identify any weaknesses in the prosecution's argument. Legal representation ensures that you are treated fairly and helps to prevent mistakes that could hurt your case. Challenging Evidence and Building a Defense A skilled attorney will thoroughly examine the evidence against you, looking for any inconsistencies, illegal searches, or mishandling of evidence. They can also gather evidence in your favor, such as alibis or witnesses, to challenge the prosecution's claims. The goal is to provide a strong defense that casts doubt on the charges brought against you. The Impact of Legal Representation on Sentencing If convicted, your attorney will work to minimize the penalties you face. In some cases, a lawyer may be able to negotiate a plea deal or work out an arrangement that leads to a reduced sentence. Legal representation is crucial in ensuring you are not subjected to harsh penalties without a fair opportunity for a lesser sentence.  Defending against theft charges in Massachusetts can be overwhelming, but having the right legal representation significantly improves your chances of a favorable outcome. A dedicated attorney will protect your rights, challenge the prosecution's case, and work toward the best possible result for you. If you are facing theft charges, do not hesitate to seek professional legal help to ensure that your case is handled properly.
February 14, 2025
If you've been bitten by a dog in Massachusetts, you may be entitled to compensation for your injuries. Dog bite laws in the state are designed to protect victims, ensuring they have legal recourse for medical bills, pain, and suffering. Understanding your rights and the laws that govern dog bites can help you take the necessary steps to seek justice after an attack. Strict Liability in Massachusetts Under Massachusetts law, dog owners are strictly liable for injuries caused by their pets. This means that if a dog bites you, the owner is responsible for any damages, regardless of whether the dog has previously shown aggressive behavior. Even if the dog has no history of biting or aggression, the owner can still be held accountable for your injuries. Exceptions to Strict Liability While strict liability covers most cases, there are some exceptions. The owner may not be held liable if the victim trespassed on private property or provoked the dog. Additionally, Massachusetts law protects law enforcement officers and certain working animals. It is important to understand these exceptions to ensure your case is handled appropriately. Seeking Compensation After a Dog Bite If you’ve been bitten by a dog, you may be entitled to compensation for medical expenses, lost wages, pain, and suffering. Documenting your injuries, seeking medical attention immediately, and reporting the bite to local authorities is important. In some cases, homeowners’ insurance policies may cover the costs associated with dog bites. Consulting a legal professional can help you determine your options for pursuing compensation. Dog bites can result in serious physical and emotional consequences, and Massachusetts law is designed to hold dog owners accountable for their pets’ actions. If you’ve been injured in an attack, understanding the legal framework can help protect your rights and ensure you receive fair compensation. The Law Office of Kempton P. Giggey is here to help guide you through the process and ensure that you are treated with the care and respect you deserve.
January 10, 2025
Determining spousal support often brings confusion, particularly because many misconceptions still persist. The laws and guidelines in Massachusetts aim to create fair arrangements for both parties. Below, we uncover five common myths and clarify what influences spousal support decisions. Myth #1: Spousal Support Always Lasts a Lifetime Many believe that once spousal support is ordered, it never ends. In reality, the duration varies based on factors like the length of the marriage and the circumstances of both parties. If financial situations change, awards may be temporary, long-term, or modified later. Myth #2: Only Wives Receive Spousal Support While traditional stereotypes suggest that only one gender benefits, Massachusetts law is gender-neutral. Either spouse may request support, and the court focuses on income disparity, needs, and the ability to pay, rather than gender. Myth #3: Fault in the Divorce Automatically Determines Support Some assume that wrongdoing such as infidelity will guarantee or prevent spousal support. Although misconduct might be considered, Massachusetts courts primarily base decisions on financial factors, future earning potential, and the standard of living during the marriage. Myth #4: All Spousal Support Cases Go to Court There is a common belief that support issues must be resolved through litigation. In fact, many spouses reach agreements through negotiation or mediation, sparing both time and money. Courts only step in when an agreement cannot be reached. Myth #5: Spousal Support Cannot Be Modified Contrary to popular belief, spousal support orders are not always set in stone. If significant changes occur—such as job loss, disability, or a substantial increase in one party’s income—support arrangements can be reviewed and adjusted accordingly. Understanding the realities of spousal support can help reduce stress and uncertainty. Still, facing these issues without proper legal support may lead to confusion and setbacks. A skilled Massachusetts attorney can provide personalized advice, uphold your rights, and work toward an arrangement that respects your financial interests and long-term goals. At The Law Office of Kempton P. Giggey in Tyngsborough, reliable guidance is available to help you move forward with greater confidence.
A statue of justice is sitting on a table next to a gavel.
December 22, 2024
Understanding the Consequences of a Massachusetts Misdemeanor Charge
A judge is sitting at a table writing on a piece of paper.
November 22, 2024
Understanding Wrongful Death Suits in Massachusetts
A judge is holding a gavel in front of a statue of justice, representing the topic of child custody calculations in MA.
September 23, 2024
Understanding Child Custody Calculations in Massachusetts
An image of a street being held in a giant hand, representing the topic of MA statute of limitations for car accidents.
July 29, 2024
Understanding the Statute of Limitations for Car Accidents in Massachusetts
A scale of justice is sitting on a table, representing the topic of probate in Massachusetts.
July 29, 2024
Navigating Probate in Massachusetts: What You Need to Know
An officer looking at someone being arrested with a felony charge in Massachusetts.
July 28, 2024
Understanding the Consequences of Felony Charges in Massachusetts
More Posts