Spousal Support

Although spousal support (a.k.a. alimony) is still routinely awarded, it is not appropriate in all cases.  Equitable assessment of eight to fifteen factors determines whether it should be awarded, the amount of the award, and the duration of the award.  This system has many grey areas and strong advocacy regularly governs the determination of spousal support.

Upon review of the facts of your case, Attorney, Dennis M. Germain, can inform you if spousal support might be applicable.  If you are already paying or receiving spousal support from a prior case, Attorney Germain can inform you if modification is feasible.

Whether you are entering your initial spousal support determination in a divorce, or seeking a modification, the first step is to thoroughly assess the income of the parties.  This includes identifying what qualifies as “income” for support purposes.  It is important to conduct extensive discovery so that no major current, future, or unexercised sources of income are overlooked.  If the opposing party is uncooperative in disclosing this information, Attorney Germain is relentless in accessing withheld information and pursuing remedial sanctions.

The next step is to formulate a justifiable spousal support calculation under the spousal support factors and that mathematically fits the parties’ situation.  Attorney Germain can best make each of these factors work for your circumstances.  A crucial consideration is whether your spousal support award is modifiable or non-modifiable.  It is easy for a non-family law attorney to botch this step and possibly cause long-term, irreversible harm to your welfare.  But an educated family law attorney understands the complex law behind modifiability.

Attorney Germain recognizes that there is life beyond your divorce and/or spousal support determination.  He can arrange a favorable spousal support implementation, taking into account both the short and long term consequences.  Finally, Attorney Germain is highly qualified to handle any enforcement, modification, or termination proceedings.

Spousal support matters primarily include the following areas:

• Determination of Income
• Discovery
• Spousal Support Factors
• Alimony in Gross
• Earning Capacity
• Projected Social Security Payments
• Modification and Termination
• Enforcement & Arrearages
• Prenuptial and Postnuptial Agreements
• Tax Consequences of Spousal Support