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Is Alimony Still Necessary? Yes, But...

Connecticut is part of a nationwide movement of men and women working to update the state's out-dated, anti-family alimony laws.

Now that President Obama has come out in support of marriage equality, I'm beginning to think that talking about alimony in public is one of the only taboos still left. Sure, it's fine to discuss movie stars or the divorces of the super rich that splash the gossip pages, but your own alimony issues in public? In print? With your legislator? Are you kidding?

But the times - and the laws - are a-changing, and Connecticut is now part of a nationwide movement of men and women working to bring out-dated alimony laws into the 21st century. With women's economic power, the widespread acceptance of people living together outside marriage, and our increased longevity, alimony laws built on the premise that divorced women have no options but lifetime support from ex-husbands have made many state legislatures tailor their laws to the times.

Each state has its own laws, and they are as different from each other as apples are from antelopes. New York State changed its alimony assumptions in 1980; Massachusetts came in 30 years later, in 2012, on March 1st, bringing guidelines and limitations where there used to be none.

It's important to stress: The new MA law does NOT eliminate alimony by any means; it limits it in generous ways based on the income of the parties and the length of the marriage, with extensions for special cases. 

Connecticut's laws are now being re-examined by lawyers and legislators, led by a grassroots organization, CT Alimony Reform, which supported a bill inspired by the new law in Massachusetts. Like the MA law, the CTAR-sponsored bill did NOT propose ending alimony; it tried to limit it based on income and length of the marriage, so that the lower-earning spouse, male or female, has many years to make a transition, as is the case in most other states.

The bill, introduced earlier this year, would have brought guidelines to alimony decisions, with exceptions for special cases. The purpose of guidelines: to cut down on uncertainty, unpredictable awards, conflict, and litigation for divorcing couples. Under current law, every alimony decision is up for grabs: each must be fashioned from scratch with every divorce. Lawyers consider it the most contentious area of divorce, and contention=conflict=legal fees. 

Unlike the child support guidelines, which lay out parents' obligations and expectations early on, alimony awards are a crapshoot. Lawyers can't tell clients what to expect. The judge in Room A will make a different decision from the judges in Room B and Room C. What's at stake? Family resources, good will, and the ability of divorcing couples to remain co-parents to their children. High conflict divorces are toxic for good parenting -- and quickly eat away marital assets. A divorce can cost the family four years of a college education.

The alimony reform bill died in the Judiciary Committee. It was supported by several women legislators, strapped alimony payers left having to ride a bike to work or borrow money to put gas in their cars, and some lawyers who believe that the time for guidelines has come, as it's come to many other states. Opposition to the bill came from powerful divorce lawyers, who argue that everything's fine in family courts, even when they tell their clients differently. 

Many lawyers favor some form of guidelines, and many believe that the current cohabitation laws need an update. The CTAR-supported bill has sparked much conversation and debate across the state. Lawyers will be discussing the matter of guidelines at their annual meeting in early June.

CTAR is holding a free public meeting on , to educate and inform citizens about current law, about proposals for change, and about how they can become involved in moving our laws and expections into the 21st century. 

Alimony laws in Massachusetts changed when citizens began to speak out, when the taboo was broken. As people began to speak up, more people joined the conversation - and pretty soon, word got out about what really happens in family court, under a system that offers no guidance for lawyers or judges. And legislators knew they had to make changes. It took input from citizens to make a difference.

I'll be blogging on this issue leading up to the meeting and afterwards. I'm eager to hear from you - publicly or privately - on where you stand, what your concerns are, and what you think alimony reform should look like. Please email me at info@ctalimonyreform.com. If you are interested in the issue but can't come to Westport, please contact us and we'll respond. We need your voices to be heard: info@ctalimonyreform.com. 

Barefoot Accountant May 28, 2012 at 06:38 pm
In the eyes of the law, marriage is a partnership. And like any partnership, when partnerships dissolve, there should be an equitable distribution of assets. There is no alimony when partners dissolve a partnership. Alimony originated in medieval times when a woman was regarded to be a man's property. Like chastity belts, it is an anachronistic, sexist policy. Where is your outcry of sexism here?
Elizabeth Benedict May 28, 2012 at 07:40 pm
Alimony Awareness! Barefoot Accountant: Thanks for participating here. We are up against the community of divorce lawyers, many of whom like the law just the way it is because it is vague and creates conflict, which leads to litigation and more litigation. Please help us convince the public and the press that CT's laws need to enter the 21st century. Please join CTAR - for free - and join the chorus of voices trying to convince lawmakers of your 21th century point of view. Thanks. http://www.ctalimonyreform.com
David Conway May 28, 2012 at 08:27 pm
When the divorce never ends the healing never begins. Ongoing lifelong hatred doesn't benefit the divorcing couple, certainly doesn't benefit the children of the divorced couples.
Barefoot Accountant May 28, 2012 at 08:57 pm
Elizabeth, perhaps you would consider being interview on our livestream internet program at http://www.cpa-connecticut.com/livestream.html about this topic? If so, please contact us. Thank you.
Malvi Lennon June 1, 2012 at 01:46 am
My ex and I divorced when our kids were three and seven. That was the first and only time we ever went to court. The kids are now 28 and 32. In the meantime, there were two out of state moves, changes to support amount etc., and we always resolved things between us. Neither of us expected alimony. Why would we - both have comparable jobs. Having said that, sometimes in a divorce women are at a disadvantage. This is especially true is of middle age Mrs. Corporate Wife - Make him look good always. In those cases, I think it is fair for the husband to pay alimony (for a limited time) while the wife acquires the necessary skills to become marketable and employable. The same holds true in the reverse.
Elizabeth Benedict June 1, 2012 at 02:55 am
Your divorce sounds incredibly sane and positive. Kudos to you for having the presence of mind to handle things this way. Lucky for your kids too. Thanks for sharing your story.
Steven Johnston June 1, 2012 at 10:07 am
Angela, That was the most intelligent post I have ever read on The Patch. I have been saying the government has no business in the union between two people for decades. I find it ridiculous you need permission to wed then you need additional permission to break up. Then someone needs to worry about financial ruin at a judges whim. Oh my!!!
Steven Johnston June 1, 2012 at 10:12 am
I have never seen a divorce where the woman is at a disadvantage. I have seen men ruined, financially crippled for decades due to the preferential treatment given to woman in family court. If it wasn't for a vow I took before God, a promise I made to my wife and true fear of the family court system I would probably be divorced right now.
Angela June 1, 2012 at 11:37 am
I agree with with Steven, My mom definitely got the upper hand on this game. My dad lost everything, the house, cars, pets and even us kids. Maybe my dad had a bad lawyer, maybe my mom had a good one, whatever the case, it isnt fair for a judge to decide who gets what in a broken marriage. Im sure my mom whined her way to financial freedom at court and the judge gave in.....to her..... not the guy who now has to start over
MPJP June 4, 2012 at 03:17 pm
Angela,
Your dad should have never brought you into the middle of his divorce like he did. Even though you are now an adult, this has hurt you in ways you don't realize. There are articles out there on parent alienation. I am not a big believer of labels but I think poor parenting is a fair title. You said your mother whined her way. It is obvious whose side you are on, but that is not necessarily because you had the opportunity to think independently. He should have never told you what he paid to her and for how long. You really should see a professional to deal with your parents divorce. This is not your fault, you got stuck in the middle of a disfunctional family. Angela, when I was your age my father said to me that his job was done with us (my siblings and I) and his priority was to take care of my mother. He said to me, that when I get older I will understand that this was the best gift he could give my siblings and I. My father never made a lot of money but he understood about family values. When I got older and had my own children, my father passed away. My mother lived 20 more years. She never had to borrow any money and had money to travel and visit with the kids and I. I never had to worry about her, because he took care of her. That truely was the best gift he could give me. The best gift us parents can give our kids is to take care of each other (which divorce parents don't understand) and leave our children out of our marital issues. I
Malvi Lennon June 4, 2012 at 03:56 pm
@MP JP: I do not know if you are in the mental health field but if not, that you should be. Parents have no clue the damage done to kids when they are brought into adult issues that they are not emotionally ready to understand besides having to work though their own feelings of guilt, anger, etc. over the divorce itself.
When people get divorce, they lose the power to inflict misery on the other partner. Personally I believe manipulation of children’s’ emotions and turning them (however slight) against the “guilty party” (the one seeking the divorce) is a form of punishment for the rejection the other spouse feels. It also keeps the sense of control going even long after the partners are apart. The bad thing is one cannot hurt and ex-partner without first hurting the child. When it comes to divorce parents should be parents above all else. Parents who discuss issues of child support, alimony, etc. with their kids are using their children in inappropriate ways.
Long time resident June 5, 2012 at 02:51 am
The vast majority of divorces consist of orders entered by the court as a result of a deicision reached by the parties. I object to guidelines regarding alimony for several reasons: 1) parties should be able to agree to what they see fit. Child support guidelines are to ensure proper funds are contributed by the noncustodial parent for the benefit of the children. This kind of interest is not at stake with alimony. As long as the party agreeing to pay alimony is acting of his/her free will and not under threat or undue duress the court should not stand in its way; 2) alimony is a tool that allows an agreement to address specific issues in the parties' situation , such as little to no assets for a property settlement (happening frequently in this time of foreclosure), and to provide through alimony for a equitable settlement. People enter into agreements in divorce to save time and resources, also to preserve privacy and not air their personal issues to the world. Whatever the motivation of someone to agree to alimony, the court should not second guess unless, again, it appears the agreement is not one freely entered into.
Angela June 5, 2012 at 11:02 am
Unfortunately both my parents put me in the middle of their divorce. I say she whined her way to financial freedom because she actually did. Her new b/f moved right in a month after their separation and they both spent years going to court to get what she could. I have not chosen sides, even to this day, I rarely talk to either of them. Yes it was an ugly divorce, and I blame them for being so irrational about things. I just highly dislike when people take advantage of the system.
Thanks for your comment and input. :)
Angela June 5, 2012 at 11:03 am
agreed.
Elizabeth Benedict June 5, 2012 at 01:11 pm
RE: ALimony guidelines. Thanks for your comment. Guidelines will NOT keep any couples from entering into their own agreements! Far from it. What guidelines WILL do is give people who can't come to agreement some "guidelines" for coming to an agreement! Having guidelines will make settling cases easier, not harder. That's the point. As things stand now, many people won't or can't come to agreements because there are no parameters of what a judge would do. Instead they are lured to court by lawyers who tell them that if they go to trial they stand a chance of getting (or having to pay) lifetime alimony, because everything is up for grabs - ie there are no guidelines. Guidelines might spare some families the incredible anguish described above by Angela in her parent's divorce. Without guidelines of any kind - the current state of law - people who can't agree can easily be encouraged to fight for years over who gets what. In most cases, people cannot fight like this over child support, because there ARE guidelines in place. (The C/S guidelines do not cover high incomes, so there can be disputes at high levels.) Guidelines will NOT keep anyone from entering into his/her own agreements!
Jane June 6, 2012 at 12:37 am
Angela, I am sorry for your divorce experience, I do wish I had your mother's lawyer. I think the laws need to change so that if one party lies or doesn't abide by the divorce agreement- then the divorce can be reopened. I also think with today's health insurance problems, a divorce should be able to be reopened if one person makes significantly more and the other person has medical issues. The alimony laws do need change especially in the area where the terms are worked out between the lawyers - I know many times the person involved are not included in discussion because 'no one wants to upset you'. I was upset, 25 years of marriage and he never mentioned or acted unhappy until six months before he walked out. I also think the divorce can wait until both parties are able to work with their lawyers, I was forced to go through a divorce when I was in a serious depression. I think there a lot of women living in poverty because their circumstances changed and they couldn't reopen the divorce. To this day, my husband won't speak to me and walks out of a room when I walk into it. Every event with my grandchildren is filled with tension and stress for everyone. He treats me like I am the villain, instead of the person who moved 4 times in 10 years for his job. I will have more comments after reading CT divorce laws. Lastly, Angela, my divorce decree stated that if I lived with anyone or married anyone I would lose my alimony immediately.
Jane June 6, 2012 at 12:57 am
I just read the Mass new alimony laws, they are better now than CT were years ago. CT almost always said, you got alimony for half the years of the marriage. In MA even at less than 5 years you can get alimony for 50% of the months married.
Jane June 6, 2012 at 02:45 am
Barefoot Accountant, Obviously, you haven't been married for at least 20 years, raised two children, cared for sick children all night, moved for your husband's job multiple times, shuttled kids to activities every day for years, prepared two meals every day for 20 years plus every holiday, packed lunches, did all the laundry and hand wash items, ironed all the special clothes, made sewing repairs to clothing and costumes for school plays. You haven't shopped at the mall for hours on multiple occasions looking for something they like. You haven't fought for good schools and recreation facilities and activities, Board of Ed budgets, been a brownie or girl scout leader, taught CCD or volunteered to help the parents group events. Sat for hours in the freezing cold at many band competition or sports game. Supervised the practice of musical instruments, consoled a girl after a dance. You haven't made breakfast for the entire junior class so you would know where your child was after the prom. You haven't entertained his colleagues or clients, taken his clothing to the cleaners, mowed the lawn or painted the house because he is too busy. I could go on and on - If you had experienced any of this, you would have a much better understanding of the role of a wife. As for letting themselves go, you haven't had at least two children or a chronic illness. And you wonder why women are devastated when their husbands walk away?
Jane June 6, 2012 at 02:58 am
One last comment, so many kids lose out on this life because both parents work, then we ask ourselves, I don't know why they are on drugs. Whoever does all of this work should be compensated for it. What saddens me is so many men think all of this work is worthless. I did all of this, I am watching my daughters do this now, and I worry about their future.
Barefoot Accountant June 6, 2012 at 03:12 am
No, I only averaged 60 to 70 hour work weeks, handed my paycheck over, and when economic circumstances changed and she left, she took everything but the bills.
MisterMom June 6, 2012 at 11:35 am
I did all those things and worked 50 hours to boot while my wife drank all day and made her way into a dozen or more beds over the period of 20+ years. She refused to work and squandered anymoney that was saved thats he could fine. I dont care what any courst says. I have paid my dues to her and will not give her another penny now that the children have grown and moved on.
Faith June 7, 2012 at 08:03 pm
The problem is simple...no male will ever fully understand what it is to be a mother. In fact, mothers themselves only really find out what it truly is to be a mother when they finally get time to sit down and reflect. When a mother is encouraged to be a mother and respected for what she does all these issues will be dissolved, and the family thrives. The fact that so many divorces are a result of abuse from husbands is indicative of the lack of respect and understanding towards mothers. I do not have words to decribe a husband and father who abuses their wife and mother of their children, whether it be physical, emotional or financial. And then refuses to pay alimony when she is forced to divorce him for her own sanity and safety, and the children's.
Paul Bahre June 13, 2012 at 01:44 pm
The State of CT is a free for all when it comes to Women divorcing their men. They get their claws into them for 40% of what they make for child support and it does not matter if you have one or fifty children, the number there is 40%. Then after that they claw into you for alimony. Does not matter if your wife is a brain surgeon or some dirty mouthpiece shiester lawyer chasing ambulances or hanging out at some lesbian love fest designed to get women to kick them men to the curb. CT is not fair to men at all. We all will end up living at the Granby Motel or the YMCA in Springfield. We will never get visitation rights unless we pay yet again to some court appointed social worker to monitor the parental visit. Not that our kids would want to hang around us because of all the horrid things they heard mommy and her lesbian friends say about daddy. And besides Daddy is kinda bitter about the whole shellacking he has taken recently.
Jane June 14, 2012 at 02:06 am
Faith, I agree with you. My mother worked very hard and with six kids she didn't have much of a choice. My father treated her like a princess, he'd unlock the door to the house, my mother always went in first. Someone always carried in the bags after grocery shopping. He or my brothers did all the outside work and kept her car clean and gassed. She never carried a lawn chair when we were at an event. She always looked nice when he came in from work, she stopped, took off her apron and they had this long long kiss. The food on the table was given to her first. He cooked a big breakfast every Sunday morning and we got take-out or he cooked on Sunday evenings. He said she should have a day off every week. He always invited her opinion of anything and everything, he never yelled, criticized or argue, they had discussions in their bedroom. He treated her with respect and love, and told her she gave him the best gift of all, wonderful children. Believe me we were not. He always dropped her off and picked her up at the door. In return she treated him like a prince, dinner was ready on time every night, the laundry was done, she made his favorite every couple of weeks. She took care of six children and taught them to care for themselves. She kept the house up and it was picked up when he came home. She urged him to go on trips to enjoy his hobbies. She never complained about him going out at night to volunteer. He never spent a whole day watching sports on TV. He was a real man
Sarah Jancosek June 14, 2012 at 02:16 pm
Malvi - A mental health professional would never presume to offer unasked-for advice based on 1 paragraph in a blog post, nor condescend to label someone else's family "dysfunctional" in a public forum.
Sarah Jancosek June 14, 2012 at 02:25 pm
NOTHING about marriage or raising a family is simple. That doesn't mean it isn't worthwhile or indeed the most important thing many of us will ever do, but please, could we enter the 21st century here? These gross generalizations about "the male" or "motherhood" or "ex-wives" may help vent spleen or make us nostalgic for the (supposed) good old days, but they do nothing to address the serious and persistent problems of lifetime alimony, the re-entry of former stay at home parents in to the workforce or the runaway train that is the current state of random, come-what-may alimony decisions in CT.
Sarah Jancosek June 14, 2012 at 02:31 pm
I didn't realize that so many kids lose out on life and become drug addicts because both parents work. I always thought kids lost out because they didn't have enough to eat, or were poor, or their parents couldn't find jobs. Even in these cases, many kids rise to the occasion. I have been reading the same blog, and with one or two exceptions I do not read any men saying that full time parenting is "worthless." I CHOSE to stay home with my son - it was choice I made as part of a partnership. And I am privileged to have been able to make that choice. No one put a gun to my head. Just because we divorced does not give me the right to expect a lifetime pension and sit on my behind (now that our son is grown) and collect checks.
Jane June 15, 2012 at 09:58 pm
Sarah, what I was saying is that if each person treats the other with respect and takes the time to show their love in ways that help each other on a day to day basis, there would be fewer divorces. As for the effect of both parents working, there are ages when it is important for one person to be home. Many articles have been written about the middle school ages where children are first alone for part of the day and decide what to do with their free time. I know it isn't always possible for single parents but we can't keep blaming the problems of children on society. Some children do well in the face of adversity, some survive and some are lost forever by drugs, promiscuity, and anger.
Jane June 15, 2012 at 10:14 pm
I really hope we can put some time into the divorce process, many people get divorced without marriage counseling and if the result of the counseling isn’t a reconciliation it should be the parents are able to part without acrimony. Being able to divorce in a short period of time leaves everyone in a state of shock. Alimony should not be a given, if both parties have equal educations and are able to work full time physically and mentally. In families where one person stayed home or took a lesser position or part time work, that contribution needs to be compensated. Child support needs to be paid by the parent who doesn’t have full custody of the children and in the case of joint custody, whether or not either parent pays is dependent upon an agreement of who pays what for the children. I do think the list of what parents pay for is not the unending list of a child’s dreams. It needs to be balanced and reasonable. I think one sport and one musical instrument is fine for activities that require payment. I think that clothing should be limited to needed clothing, not having the most clothes in the class or every new pair of sneakers that comes out. I hope guidelines put an end to most of the hallway deals between lawyers. Lawyers will say the parties agreed on everything, that is so far from the truth. Many lawyers just wait to see which party wears down first, because that puts them at a disadvantage and they will agree to items they didn't agree to a month earlier.
Patty October 5, 2012 at 06:29 am
Just my two cents, every divorce case is different. I think the root cause of so much pain, fighting, discontent is selfishness! I was married 23 yrs. had 3 kids, took a back seat so my ex husband could fulfill his career aspirations. In the end, he found a better life with a very wealthy woman, less responsibilities, travels all the time, enjoys his life. I was left unemployed, 50 years old, chronic lyme disease, all the responsibilities of the kids (which I adore) and a house that was falling apart. Yes, he had agreed to alimony and child support. Four years later, I am working hard and earning a good salary. Dedicated myself to making sure the kids are thriving. But now he wants a reduction of alimony, do I think it's fair? No. Not because I want to punish him but because the lyme has progressed into the brain and I don't know how long I have before I become more disabled. Does he care that all I make goes to support the 3 kids and college? Nope. Again, it's all about selfishness and that applies to both men and women.

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