alimony later on after divorce

[momofboyz]

What is the name of your state (only U.S. law)? Massachusetts
My friend's ex had put in the separation agreement that she waives all alimony UNLESS a child is injured and it prevents the ex from working OR if she is injured and she can not work.. this seems very open. Is this normal wording?
Why should she be able to sue him 10 years from now if she's injured.. doesn't make sense to me. I am telling him to have the wording changed before he signs. Otherwise this could be something that could hang over his head for the rest of his life.. especially since he is planning someday to remarry.. and the new spouses earnings, from what I understand, can be considered.

 

[Proserpina]

What is the name of your state (only U.S. law)? Massachusetts
My friend's ex had put in the separation agreement that she waives all alimony UNLESS a child is injured and it prevents the ex from working OR if she is injured and she can not work.. this seems very open. Is this normal wording?
Why should she be able to sue him 10 years from now if she's injured.. doesn't make sense to me. I am telling him to have the wording changed before he signs. Otherwise this could be something that could hang over his head for the rest of his life.. especially since he is planning someday to remarry.. and the new spouses earnings, from what I understand, can be considered.

Why is this any of your business?

 

[Gracie3787]

What is the name of your state (only U.S. law)? Massachusetts
My friend's ex had put in the separation agreement that she waives all alimony UNLESS a child is injured and it prevents the ex from working OR if she is injured and she can not work.. this seems very open. Is this normal wording?
Why should she be able to sue him 10 years from now if she's injured.. doesn't make sense to me. I am telling him to have the wording changed before he signs. Otherwise this could be something that could hang over his head for the rest of his life.. especially since he is planning someday to remarry.. and the new spouses earnings, from what I understand, can be considered.

Hopefully your friend will heed your advice, because if he does agree that possiblity would be hanging over him forever.

 

[Alex1176]

Why is this any of your business?

Maybe because he is her friend and she care about him? Why you and some of your "senior" friends in this forum so rude and mean? I can not understand this attitude. Really.

 

[Proserpina]

Maybe because he is her friend and she care about him? Why you and some of your "senior" friends in this forum so rude and mean? I can not understand this attitude. Really.

It's still none of her LEGAL business.


Happy Holidays, Alex!

 

[Alex1176]

It's still none of her LEGAL business.


Happy Holidays, Alex!

Happy Holidays, Proserpina.
It can be her LEGAL business in the future, if she will be his spouse. I can understand her worries about this issue.

 

[Proserpina]

Happy Holidays, Proserpina.
It can be her LEGAL business in the future, if she will be his spouse. I can understand her worries about this issue.

Incorrect.

Even if she becomes his spouse...it isn't her legal business. It remains his and his alone. However, you do raise a good point - and that is, anyone considering marrying someone with prior financial obligations should seriously consider keeping their own finances separate.

Alex, many of us are second spouses and/or stepparents. Many of us live daily with the reality that our spouse had a life before us, and that there may be present matters which - again legally speaking - do not involve us.

Does it impact us on a day-to-day level? Oh, absolutely! Any spouse who is involved with the "family" finances is going to feel the impact. But that doesn't mean it's our legal business.

And it is, at the end of the day, about the legalities.

This OP is not legally involved - and will not be, until and unless she herself is actually named as a party to the case. Even if their joint account gets stripped, it's HIS matter - not hers, necessarily.

Make more sense?

 

[Tex78704]

[url=http://www.hg.org/article.asp?id=18783]Change May Be Coming for Massachusetts' Alimony Laws[/url]

Massachusetts is an alimony friendly state, and one of a handful of states that generally grants alimony for life. It also is in the minority of states that uses the assets and income of a new spouse for the purpose of determining what a supporting spouse can afford to pay in alimony.

By refusing his ex's conditional willingness to forgo alimony, your friend may be shooting himself in the foot if he ends up being ordered to pay his ex alimony right away and possibly forevermore.

But whether or not he would have to pay alimony right now (or ever) if push comes to shove depends upon many factors, which his attorney should be reviewing and advising him accordingly.

 

[Bali Hai]

Incorrect.

Even if she becomes his spouse...it isn't her legal business. It remains his and his alone. However, you do raise a good point - and that is, anyone considering marrying someone with prior financial obligations should seriously consider keeping their own finances separate.

Alex, many of us are second spouses and/or stepparents. Many of us live daily with the reality that our spouse had a life before us, and that there may be present matters which - again legally speaking - do not involve us.

Does it impact us on a day-to-day level? Oh, absolutely! Any spouse who is involved with the "family" finances is going to feel the impact. But that doesn't mean it's our legal business.

And it is, at the end of the day, about the legalities.

This OP is not legally involved - and will not be, until and unless she herself is actually named as a party to the case. Even if their joint account gets stripped, it's HIS matter - not hers, necessarily.

Make more sense?

No, it doesn't make any sense at all. They are getting DIVORCED, That means the contract is dissolved.

People should be financially free of the other spouse at that point. What if HE were to get injured and can't work, would the other spouse agree to pay HIM alimony. Of course not, because it's ridiculous.

The present and stupid Mass. law needs to be changed, just like it was changed after they burned "witches" at the stake.

 

[stealth2]

Your friend would be a fool to agree to that wording. And if he does? Then he deserves what he ends up paying.

 

[majomom1]

No, it doesn't make any sense at all. They are getting DIVORCED, That means the contract is dissolved.

People should be financially free of the other spouse at that point. What if HE were to get injured and can't work, would the other spouse agree to pay HIM alimony. Of course not, because it's ridiculous.

The present and stupid Mass. law needs to be changed, just like it was changed after they burned "witches" at the stake.

Bali... Pro was not talking about the alimony, she was talking about the 3rd party.

You do however make a good point. OP's friend should consider asking for "modifiable" on alimony and include the same stipulation for injury for him. I would call that a "reasonable" request.

 

[mistoffolees]

[url=http://www.hg.org/article.asp?id=18783]Change May Be Coming for Massachusetts' Alimony Laws[/url]

Massachusetts is an alimony friendly state, and one of a handful of states that generally grants alimony for life. It also is in the minority of states that uses the assets and income of a new spouse for the purpose of determining what a supporting spouse can afford to pay in alimony.

By refusing his ex's conditional willingness to forgo alimony, your friend may be shooting himself in the foot if he ends up being ordered to pay his ex alimony right away and possibly forevermore.

But whether or not he would have to pay alimony right now (or ever) if push comes to shove depends upon many factors, which his attorney should be reviewing and advising him accordingly.

That is an excellent point - if it comes down to definitely paying lifetime alimony now, or accepting that ridiculous clause that he MIGHT have to pay alimony in the future, it might be better to accept it - even though it really doesn't make logical sense.

OP really needs to rely on what his attorney is telling him.

 

[Proserpina]

Bali... Pro was not talking about the alimony, she was talking about the 3rd party.

You do however make a good point. OP's friend should consider asking for "modifiable" on alimony and include the same stipulation for injury for him. I would call that a "reasonable" request.

Thanks, majomom

 

[momofboyz]

FIRST of all.. why is it anyone elses business why I am asking... wow... amazing
SEcond.. it is MY business as I will be marrying into this mess. This won't deter me in the least.. but just wanted to ask a FREE legal question.. so don't shoot me!

Also, it does state in the agreement that the same goes for him.. but if either party remarries THAT party forfeits their ability to sue for alimony.. ummm yeah well.. she knows we plan on marrying.. she says she never will... and I tend to believe her.

As for our finances and childsupport etc. she is getting max. Something about the state of MA having a cap on finances for paying childsupport and he's tapped out at the top. So my income from what we're being counseled won't affect anything. UNLESS... it would affect alimony for her in the future? That's why I was asking questions.

And yes while it may not be my LEGAL business it is my business none the less. I also am in the process of divorcing but it's in PA... laws are much different and my ex and I are friendly. We've already hammered out an agreement and everythings signed and sealed and ready to go. So while my legal business is my "friends" his is also mine.. at least that's how we see it.. sorry you don't.

 

[stealth2]

FIRST of all.. why is it anyone elses business why I am asking... wow... amazing
SEcond.. it is MY business as I will be marrying into this mess. This won't deter me in the least.. but just wanted to ask a FREE legal question.. so don't shoot me!

You're not a party to the mess/case, so it really is none of your business. Why isn't your man man enough to ask his own question? Really? Open up the purse now, and release the balls. It is almost NYE, after all - they need to fall sometime.

I also am in the process of divorcing but it's in PA

And... perhaps it would be wise to actually complete your divorce before thinking about remarrying? Just a thought.