Till Death Do Us Part?

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Betty Thompson would be pissed. Yes, she would. Because, she knew that the best way to have divorce ‘work’ in America was to make things equitable. She worked hard to change the laws in Virginia.  Instead of basing the split of assets from who had the title (which typically was the male, especially when she began her practice) to “equitable distribution”. And, while she knew that alimony had to have a finite limit- and not proceed for decades or for life- that change came slower.

Alimony
Alimony (Photo credit: Stewf)

The concept of alimony is based upon the assumption that once married, the husband (or ex-husband) must support the wife until death; the concept itself dates to English Common Law. Supposedly in the ’70s, the laws began basing alimony on need, rather than dependence, but… I have proof that alimony could last forever- and was still based upon dependence.

When I got divorced, I was saddled with alimony until my ex remarried- with no limit in sight. (And, yes, she actually complained when I stopped paying it, after she remarried.)

But the law is about to change.  The state of Florida is finally changing the law to end permanent alimony. Moreover, they will be changing the formula how alimony is computed, as well. Alimony will no longer be able to survive for a period exceeding the length of the marriage, cut in half. (If you were married for 10 years, that means you won’t be able to get alimony for more than 5 years.) And, the maximum amount of alimony cannot exceed 38% of the other partners’ gross income, if one is divorcing after 20 years of marriage- and alimony would be set at even lower amounts, if the marriage lasted fewer than 20 years.

This is following the pattern was recently adapted by Massachusetts (2013), and soon to become the law that obtains in Oregon, Colorado, Connecticut, as well as New Jersey. Massachusetts actually has instituted a formulae for alimony awards- which cuts some of the higher awards that exist(ed).

Of course, opponents of these changes claim that these new laws are eliminating judicial discretion. (I, on the other hand, consider it a means of limiting judicial excess.) But, there are exceptions allowed for these new laws in the legislation- although the burden of proof to break the rule is fairly high.

Marriage can last forever.  (One can always hope!)  But, if it doesn’t, given the financial freedom that now obtains for both genders, those financial ties can be broken by divorce, as well as the familial ones.

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11 thoughts on “Till Death Do Us Part?”

  1. Maybe this should be another reason why people should think twice, no scratch that, 10 times before getting hitched! Since I’m not married or don’t have any close peeps who’ve had to pay alimony I wasn’t aware of the laws affecting it. However, now that you mention it, I too think it should be limited. Lifetime alimony? Doesn’t make sense (at least with what I know so far)…
    Kesha Brown recently posted..10 Habits of the Wealthy…Do You Have Them?

  2. I don’t think in Ohio there are alimony for life things. In fact, I can’t think of one divorced person I know who paid or received alimony. In your case (not you specifically) the law sounds like a cheaper to keep her thing. The tie that binds.
    Lisa recently posted..Transmission by Lisa Brandel

  3. Sheesh! I had no idea that there was such this as forever alimony. I’ve always been surprised that women could earn so much from divorce settlements in the first place and to think that they would receive income potentially forever. These changes sound fair to me! I’m curious what Canada’s laws are like! Time for some research and reading. =)
    Samantha Bangayan recently posted..Living in Peru: One of Those Amazing Days

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