Update on Alimony Reform Act

Hi there,

I hope you are enjoying our belated summer weather as much as I have been.  I missed posting last week because I couldn't drag myself out of my garden to sit at the computer.

It looks like alimony reform is almost here!

The next legislative steps appear pretty certain and those in the know (not me) seem to be anticipating passage in the current legislative session, which ends with June.  The bill was due to be debated today, it is already out of the judiciary committee, but debate on the floor was delayed due to efforts to help the folks in Springfield.

The act makes a lengthy and complex change in the law, which will trigger a lot of modification cases.  It will also cause a lot of unexpected litigation, as payors attempt to prove their exes are cohabiting.
 

I think that an unanticipated side effect will be a surge in divorce filings, as the bill contains drop dead times when filing for divorce later rather than sooner, will result in paying alimony longer.

 
But there is a law of unintended consequences.  Any time the legislature or the courts change the way families are dissolved there are abiding socioeconomic consequences that have usually not been considered.  There will immediately be a number of older alimony recipients who have made certain plans for retirement and whose lives will be undoubtedly disrupted.  I am old enough to have seen the drastic socioeconomic results of the passage of the no fault divorce laws.  Women's post-divorce economic standing dropped considerably, the numbers of divorces increased, and as a result, the status of children was affected.

 

I have no doubt that many situations for both genders will be improved by passage of this bill. Women are second wives as well as first wives, women as well as men pay alimony.  Divorce lawyers, myself included, are already using the proposed law to try to settle cases.  The real effects will not be visible for years to come. 

 

Best,
 

Nancy

A Very Sad Necessity

Hi there,

Social security law makes provisions for divorced spouses by allowing them to collect a portion of their former mate's social security benefits, provided they have been married more than ten years. This is terrific for both parties as it does not deduct the amount paid to the former spouse from the larger wage earner's payment.  In effect, a divorced couple jointly receives more than the same couple would, were they still married.

I became aware through Daniel Clement's New York Divorce blog (a super resource) of some very tragic circumstances which have caused some folks to divorce and then live together in order to maximize their benefits.

Now, call me cynical, but I bet this happens occasionally for not so tragic reasons as well.

Best,

Nancy

Back to school, for parents

Hi there,

Massachusetts has had mandated parent education for some years.  The course is titled "Understanding the Effect of Divorce on Children" and more information can be found here (PDF).

I have always thought it was a good idea, not everyone gets it, of course, but I think many do. Simple civility and how to keep the kids out of the middle are a great idea for divorcing parents.  A colleague sent me this article* which seems to indicate that these requirements have a beneficial effect.

I was also interested to see that the divorce rate is dropping.

Best,

Nancy

 

*UPDATED 11/30/09: Link removed as article now blocked from public viewing by the AP.

Something Else to Worry About

Hi there,

I have always warned clients about how easy it may be for a disgruntled spouse to get into your email.  Now it seems that you have to worry about your cell phone too.  According to an article by Claud L. ("Tex") McIver and Deepa Subramanian of Fisher & Phillips LLP published on the Law360 website, it is now possible to purchase software to illegally tap cell phones to listen to conversations at any time, and anywhere.  The software is easily accessible via the net and can be installed in less than 10 minutes.  Apparently it is advertised as a good way to catch a cheating spouse.  This is of course, highly illegal, but a real threat.  Apparently the best way to protect your cell would be to password protect it and not let it out of your possession.  On the same idea, here is an interesting article about some other spyware used in divorce.

So as my not-so-sainted granny used to say, never write anything you wouldn't want to see in print, and I guess that now goes for what you say too.

Best,

Nancy