Checklist of Financial Documents for Divorce

One thing that remains true for (almost) all of my Massachusetts divorce clients is that they prefer when I give them the option to retrieve documents as I prepare their case file. When you, as the client, obtain documents to assist your divorce attorney in preparing your file it saves time and money. By avoiding the need of having your divorce attorney send out deposition subpoena's and other discovery requests for items that you, as the client and subject individual could more easily obtain, you will save yourself some billable hours in the long run. Of course there will be times when the documents you provide to your divorce attorney are not sufficient should your case proceed to trial, but evidentiary issues aside, most of my clients ask "what can I get for you?" at one time or another.

After the break I have included a lengthy checklist of documents that I frequently ask for as financial disclosures. If you're preparing, or going through, a divorce in the Commonwealth of Massachusetts these are typically the documents that your divorce attorney is going to be most interested in. This is by no means an exhaustive list, and for the most part I use this list internally only, which means that much of it won't apply. However, in an effort to get as much information "out there" as possible, after the jump you will find my checklist for financial disclosures.

No Double Dip: Beware Alimony and Child Support Payments in Massachusetts

When the Commonwealth of Massachusetts passed the Alimony Reform Act in the first half of 2012 one of the main talking points of act was the duration limitation on alimony awards. However, from my prospective the more influential portion of the Alimony Reform can be found in § 53 of G.L. c. 208. This section, and more specifically subsection (c) prohibits the Court from including "gross income which the court has already considered for setting a child support order" in the calculation of alimony.

What does this mean in practical terms to the Massachusetts divorce client? It means that if you're paying child support, most likely you also won't be paying alimony.  I say "most likely" because the Massachusetts Child Support Guidelines specifically do not apply where the combined gross annual income of the parties exceeds $250,000.00.

For those parties who this exception does not apply to G.L. c. 208 § 53 creates a situation where if you're paying child support, you won't also be obligated to pay alimony. Of course this makes sense. This was not always the way of things though, and there are many people in the Commonwealth who are writing two separate checks to their former spouse for alimony and child support.

In fact, even in cases where it may be appropriate for child support and alimony to be awarded concurrently, the Alimony Reform Act provides limitations. G.L. c. 208 § 53(g) specifies that  "if a court orders alimony concurrent with or subsequent to a child support order, the combined duration of alimony and child support shall not exceed the longer of: (i) the alimony or child support duration available at the time of divorce; or (ii) rehabilitative alimony beginning upon the termination of child support." Once again the intent of the Legislature was obviously to provide limitations to alimony to prevent situations where individuals are paying alimony for a significant period of time after their children have all grown and moved on with their lives.

If this is the case in your situation, you may be entitled to a modification of your alimony obligation. It would be wise to consult a Family Law attorney in the Worcester county area to advise you of your rights and discuss with you the possibility of modifying your existing alimony obligation.