November 4th, 2009
Changing Culture = Changing Divorce? Some People Think So.
Though the role of marriage and divorce continues to evolve in U.S. culture, existing alimony laws have largely remained the same – which some may see as a problem.
According to a Wall Street Journal article, increasing efforts from lawmakers and lobbyists in several states are placing new pressures on these old alimony laws.
With the cultural changes in gender roles in the workplace and the nature of marriage, lawmakers are challenging the idea that a spouse should provide financial support for an indeterminate period of time.
The Wall Street Journal reported that in Pennsylvania, New Jersey, and Oklahoma, there are efforts by lawmakers underway to update alimony laws to meet the demands of modern society.
Update efforts support new time limits on alimony payments, bans on alimony when spouses are of similar professional standing, or eliminating or reducing alimony if a spouse commits a crime or becomes involved in a romantic relationship. Similar campaigns from activists and lobbyists are taking place in states like Florida, Ohio, Arizona and North Carolina.
In Massachusetts, several pieces of legislation are working their way through the system. One, a bill called “Reform Massachusetts Alimony Laws Now!,” would limit alimony payments to a reasonable time and require that a spouse at least attempt to become self-sufficient. This bill essentially establishes alimony as a temporary payment.
Another Massachusetts bill would, according to the Wall Street Journal, “end the currently common practice of using the assets of a second spouse to determine the ability of a person to pay alimony.” Also, alimony payments would end with the retirement of the payer.
Alimony laws were originally meant to safeguard spouses who didn’t work outside of the home during a marriage, particularly those who’ve sacrificed careers in order to raise families. A number of states allow alimony payments for life.
Proponents of alimony law amendments argue that times have changed, and that alimony law should change with them. Opponents argue that times haven’t changed enough, as women still average only 75% as much in salary in the workplace as men do.
The Wall Street Journal reported that the core of the debate over updated alimony laws stems around the question of whether alimony should be viewed as a transitional exchange, meant only to allow time for another spouse to establish financial independence, or whether alimony is a guarantee that a spouse has earned by sacrificing a career for the sake of the family.
As the economic recession continues, there has been an increase in alimony payers requesting modifications of their alimony agreements due to financial pressures. And with powerful individuals impacted by divorce and alimony, the movement toward more protections for the payer seems to be gathering momentum.
In a case out of Florida, an appeals court ruled that a judge was no longer obligated to pay his ex-wife over $3,000 per month in alimony, because she had, for more than 20 years, been living with another man. A group in the state has enlisted a lobbyist to work for legislation that would limit the years a spouse is required to pay alimony.
The Ohio bar association is gathering legislative sponsors for a bill that would attempt achieve the same goal. In Pennsylvania, the Senate is looking at a bill that would cut alimony payments for spouses who live in a romantic relationship with someone else.
Divorces and alimony settlements can be complicated, and can vary from one to the next. The true cost of marriage might never be resolved. But there is a movement underway to change the view of alimony.
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