Welcome back everybody to another deep dive. This time, we're gonna be looking at something a little different.
Host 2:Oh. Yeah.
Host 1:It's about alimony.
Host 2:Okay.
Host 1:And this is all based on this blog post I found from this attorney, Mariah J. King.
Host 2:Okay.
Host 1:And she's from this law firm, Lynch and Owens in Hingham, Massachusetts.
Host 2:Gotcha. So we're talking about Massachusetts alimony law.
Host 1:Exactly. Got it. So if you're not in Massachusetts, this might not apply to you.
Host 2:Yeah. Divorce law is different everywhere. So
Host 1:Right. But this is just for your entertainment and, you know, informational purposes only.
Host 2:Yeah.
Host 1:We're using AI to help put this together, but we are not giving legal advice.
Host 2:No. No. No. So talk to a qualified attorney
Host 1:if you have any specific questions.
Host 2:For sure.
Host 1:Okay. So let's get into this.
Host 2:Okay.
Host 1:What is alimony anyway? I mean, I know it's, like, money one spouse pays the other after a divorce. But
Host 2:Yeah. Yeah. So it's spousal support.
Host 1:Right.
Host 2:And in Massachusetts, there are a bunch of factors that go into deciding if if someone gets it and how much.
Host 1:Oh, really?
Host 2:Yeah. So, like, the length of the marriage is a big one. The difference in income between the spouses
Host 1:Makes sense.
Host 2:Whether there are kids, even things like the health of each spouse.
Host 1:Wow. So they really look at everything.
Host 2:They do. They try to make it fair for everyone. You know. Right.
Host 1:Try to keep things balanced as much as possible.
Host 2:Exactly. And there was this case, Young v Young, back in 2017 that really messed things up with alimony.
Host 1:Yeah. I feel like I remember hearing about that. What happened?
Host 2:So it was a ruling by the highest court in Massachusetts, and they basically said that alimony increases should be tied to the standard of living at the time of the separation.
Host 1:What does that mean?
Host 2:It means you can't just go back to court and ask for more money because your ex is making more now. Oh. They're gonna look at what your lifestyle was like when you first separated
Host 1:k.
Host 2:And see if what you're getting is enough to maintain that same lifestyle.
Host 1:Wow. So even if my ex, like, wins the lottery or something Right. I'm stuck with the same payments.
Host 2:Yeah. That was kind of the idea behind Young v Young to stop people from getting alimony increases just because their ex got richer.
Host 1:I see.
Host 2:But but here's the interesting part. Okay. Attorney King says Young v Young didn't totally shut the door on increases. Really? Yeah.
Host 2:There are nuances.
Host 1:What kind of nuances?
Host 2:Well, she brings up this other case, Laskom v Laskom.
Host 1:Okay.
Host 2:And this was in 2024. And in this case, the appeals court actually upheld an alimony increase for a woman who needed more money for health
Host 1:So even after Young v Young, they're still willing to increase alimony in some cases.
Host 2:Yeah. And Laskam is important because it shows that if the original alimony wasn't enough to meet the recipient's needs based on the lifestyle they had during the marriage, and they might be able to get an increase.
Host 1:Oh, so, like, in Laskom, the original alimony didn't cover the wife's health care costs.
Host 2:That seems to be the case. And there's something else about Laskom that's important. What's that? The 35% factor.
Host 1:Okay.
Host 2:So the court awarded the ex wife the maximum 35% of the difference in their incomes.
Host 1:Why is the 35% a big deal?
Host 2:Well, it kind of reinforces this idea that if the initial alimony had been enough to cover her needs based on their lifestyle during the marriage, she wouldn't have needed an increase. Right. And this could be really important for you because it means if you took less alimony during your divorce, maybe to, like, avoid a long legal battle, you might have a stronger case to get it increased later on.
Host 1:Oh, so I can go back and ask for more even if I agreed to less at the beginning? Potentially.
Host 2:Yeah. Especially if your ex's income has gone way up and that lower amount wasn't enough for you to keep living the way you were during the marriage.
Host 1:Okay. Interesting. So what if my ex gets a big promotion after the divorce or, like, starts a business that takes off? Do I automatically get more alimony then?
Host 2:That's where things can get kinda tricky. Remember, Young v Young was supposed to limit those kinds of increases just because the payer makes more money.
Host 1:Right.
Host 2:But but remember 35% thing in Laskam?
Host 1:Yeah. The maximum amount in mass shares.
Host 2:Right. So attorney King seems to be saying that that could be kind of a loophole. Even if your ex's income goes up a ton, if the original alimony wasn't enough for you to keep up your lifestyle from the marriage, you could potentially get an increase.
Host 1:So it's not just about them having more money.
Host 2:Exactly.
Host 1:It's about whether the original alimony was enough to begin with.
Host 2:Right.
Host 1:That makes sense. Yeah. So if someone's listening and thinking, hey. This sounds familiar, what's the main takeaway here?
Host 2:I'd say the biggest takeaway is that Young v Young made it tougher to increase alimony in Massachusetts Yeah. But it didn't make it impossible.
Host 1:Okay.
Host 2:Laskum proves there are still ways to do it, especially if that first alimony award wasn't enough to keep up the same standard of living from the marriage.
Host 1:So it's super important to have a good legal plan from the start.
Host 2:Absolutely. You need a good family law attorney in Massachusetts who knows what they're doing. They can help you understand your rights and make sure you're protected.
Host 1:Yeah. For sure. So what stood out to you the most in all of this?
Host 2:For me, it's how these cases like Young v Young and Laskum can really affect people's lives. Yeah. We're not just talking about, like, numbers and laws here.
Host 1:Right.
Host 2:It's real people, real families, and their money.
Host 1:That's so true. It's easy to forget that when you're talking about all the legal stuff.
Host 2:Yeah. And that brings me to something I wanted to leave everyone with today.
Host 1:Okay.
Host 2:We've been focusing on the legal side of things, but what about the human side? How does fighting about alimony affect families emotionally, financially? I think it's something we all need to think about.
Host 1:Yeah. It's a good point. Divorce and alimony are rarely just about money.
Host 2:Right.
Host 1:There's all this emotional stuff going on. Relationships get messed up, and it affects everyone for a long time.
Host 2:Yeah. Imagine having to go back to court years after your divorce to try and get more alimony. Ugh. Or think about the person paying alimony feeling resentful because they think it's unfair.
Host 1:Yeah. That's gotta be tough for everyone.
Host 2:It is. And even though the legal system tries to give us rules for this stuff, it can't always fix the emotional damage.
Host 1:Right. And that's why it's so important to remember that sometimes talking to a therapist or a counselor can be just as important as talking to a lawyer.
Host 2:Yeah. They can help people work through those tough emotions and hopefully find a way to talk to each other and heal.
Host 1:Definitely. So before we wrap up, what's one piece of advice you'd give to anyone going through a divorce or dealing with alimony?
Host 2:I would say remember that winning in court isn't always the best outcome.
Host 1:Mhmm.
Host 2:It's about finding solutions that work for everybody. Try to understand what everyone's going through and focus on what's best for the long run, especially if there are kids involved.
Host 1:That's great advice. So we've covered a lot today.
Host 2:We have.
Host 1:All about alimony in Massachusetts and how to deal with getting it increased after a divorce.
Host 2:We looked at some important cases and talked about strategies and even the emotional side of it.
Host 1:And remember, this is just for informational purposes only.
Host 2:Definitely. If you're going through something like this, talk to an attorney in your state. Yeah. They can help with your specific situation.
Host 1:And don't forget to take care of yourself.
Host 2:Yeah. Divorce is hard, but you can get through it and have a better future. Future.
Host 1:I agree. Thanks for joining us today.
Host 2:Yeah. Thanks for having me.
Host 1:And we'll see you next time for another deep dive.
Host 2:Oh, and don't forget. All this was based on attorney King's blog post.
Host 1:Right.
Host 2:It's a really good resource if you're in Massachusetts and thinking about alimony.
Host 1:Yeah. Definitely check it out.
Host 2:Yeah. It's well written
Host 1:Easy to understand.
Host 2:Even if you're not a lawyer, and it really shows that even though the law is complicated
Host 1:Mhmm.
Host 2:Having the right info and support can make a big difference.
Host 1:Yeah. I agree. So I think that about wraps it up for today. Yeah. We've learned so much about Massachusetts alimony law.
Host 2:We have.
Host 1:Who knew it could be so interesting?
Host 2:Right. Hopefully, everyone listening feels a little more prepared to deal with all this.
Host 1:Yeah. And just remember, this was just one attorney's take on this topic. If you're going through this yourself,
Host 2:talk to an attorney in your state. Yeah. They can give you specific advice for your situation.
Host 1:And don't forget about the emotional side of things.
Host 2:Yeah. Seek out support if you need it.
Host 1:Divorce is hard. But with the right help, you can get through it.
Host 2:For sure.
Host 1:Okay. Well, thanks for joining us on this deep dive.
Host 2:Yeah. Thanks for having me.
Host 1:And we'll see you next time for another one.