Saturday, November 7, 2015

It Is Hard To Discuss Alimony Reform...

It is hard to discuss alimony reform rationally. A letter to regarding alimony reform in Florida is a prime example. The writer states:
When a wife has left a job to care for children and handicapped her earning ability, it is grossly inequitable to give the substantially less income post-divorce than the man she previously supported with her homemaking and child care services.
as if this is the simple a fact in all cases. I can assure you that in my case Spring never left a career to care for the kids. The custody elevator stated that parenting was joint during the marriage and I would argue I was in fact the primary parent. Furthermore, I helped Spring on many occasions with her work whereas she never helped me with mine. I did the majority of the housework. Yet she is receiving massive permanent alimony that will go on until the day I die.

The writer also states:
There is a proposal to include a provision for a presumption of “equal time-sharing” with the parties' children. This means that felons, alcoholics, drug abusers and pedophiles, to name a few, will be presumed to have equal time-sharing.
I can't respond to the better than Robin DesCamp who commented:
Wow - so dads are assumed to be all of those things? Oh wait - were you referring to moms? You've lost me.
Both the letter and the majority of the comments (exceptions include Robin DesCamp's comment) show that most people are simply incapable of having a rational discussion on alimony reform. Humans have this sad tendency to irrationally blame groups rather than individuals when bad things happen. Just because you were mugged by a black man does not make all black men criminals. Just because your husband divorced you for a younger woman after you put him through medical school and worked as the sole care giver for the the children does not mean all women who receive alimony had the same experience.

My view is that, under current law:

  • Assets earned during the marriage should be split jointly upon divorce. 
  • Temporary alimony may be awarded for one party in order for the person to be trained in order to become self-sufficient.
  • Alimony until retirement may be awarded to those incapable of working. (e.g. the person receiving alimony has multiple sclerosis) 
However, I think it is hard to argue that in my situation where despite the fact that my ex-wife divorced me, the Court appointed custody evaluator determined she was not the primary caregiver to the children, an employment evaluation determined she could make just as much money as me, strong evidence that she committed perjury and absolute evidence her lawyer lied in court, she was awarded massive permanent alimony that will go on until the day I die is in any way justified. She walked out of the marriage with enough money to retire for the rest of her life and I am being forced by the Court to work the rest of my life for her. This is just wrong. This is why we need alimony reform. 

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