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FLPanhandle

(7,107 posts)
Mon Oct 27, 2014, 02:53 PM Oct 2014

Stay-at-Home Mom Facing Divorce? Don't Expect Alimony - Forbes article

http://www.forbes.com/sites/emmajohnson/2014/10/27/are-you-a-stay-at-home-mom-facing-divorce-dont-expect-alimony/

Getting divorced but you haven’t worked for 20 years?

Your skills are outdated and your kids still need you at home?

Devoted yourself to supporting your husband’s career?

Judges could care less.

Get a job, honey.

Increasingly, this is what what’s happening in divorce courts across the country. Nearly every state is revisiting its laws on alimony — or “maintenance” — in divorce cases, and the trend is universal: more limits on length of support, and standardization on sums doled out. And in many cases, maintenance is denied all together, even for women who have not worked for decades.

Yes, doled. More and more, that is how courts see it, according to my friend Morghan Richardson, a New York City family attorney.

“Judges increasingly look with suspicion at post-judgment alimony requests,” Richardson says. “They see that women have just as much opportunity to earn as men do, and they should — even stay-at-home-moms who haven’t worked for decades.”




Seems harsh to me and I'm not sure that women have as much opportunities as men to (especially older women).
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Stay-at-Home Mom Facing Divorce? Don't Expect Alimony - Forbes article (Original Post) FLPanhandle Oct 2014 OP
Articles Reveal The Perils Of Stay At Home Moms. In 3 Words. In Such Arrangement "You're Screwed." TheMastersNemesis Oct 2014 #1
I'd like to see the numbers on this, by decade. grasswire Oct 2014 #6
I'd like to see the ideologic background of these judges. Is this trend only a big victory Hortensis Oct 2014 #13
Interesting the lawyers were most concerned when it's a female judge. FLPanhandle Oct 2014 #14
Perhaps, but I think mostly women tend to be more clear eyed about, and certainly less Hortensis Oct 2014 #19
You should watch a documentary done by the Canadian Film Board tech3149 Oct 2014 #20
You should post this in its own thread AwakeAtLast Oct 2014 #48
Rather ironic isn't it? Lancero Oct 2014 #24
It's why even older Boomer women who didn't have to work Warpy Oct 2014 #227
Opportunities for ANYONE without recent employment are NIL! napi21 Oct 2014 #2
Exactly abelenkpe Oct 2014 #8
Must be something new, I got divorced 3 years ago and pay alimony. dilby Oct 2014 #3
I'm a stay at home mom who hasn't worked in 20 years. I would hope I would get a chance to at least liberal_at_heart Oct 2014 #4
You might hope for it, but in many regions most job training programs were canceled during the Hortensis Oct 2014 #18
There is no guarantee for anybody. I refuse to let those on here who hate the idea of being married liberal_at_heart Oct 2014 #47
Hi, Lib. I missed your post before and just wanted to say good for you. Hortensis Nov 2014 #238
Staying home to take care of your kids can be a real detriment to your career, Sheldon Cooper Oct 2014 #5
I have a family member who is a stay at home dad. grasswire Oct 2014 #7
Geez AndreaCG Oct 2014 #10
this year the youngest is in kindergarten grasswire Oct 2014 #11
Even while married, I worked full-time at night and took care of the kids during the day Darkhawk32 Oct 2014 #78
I was headed down that road... Sen. Walter Sobchak Oct 2014 #233
When I worked in state government I noticed we hired many women with no recent work history. Shrike47 Oct 2014 #9
I'm wondering how many of those enabling jobs might have been canceled by right wing budget cuts...? Hortensis Oct 2014 #16
"Nearly every state is revisiting its laws on alimony — or “maintenance” — in divorce cases" KamaAina Oct 2014 #12
Hardly. Daemonaquila Oct 2014 #15
wow Liberal_in_LA Oct 2014 #17
A prenuptual agreement should be mandatory for the state to recognise a marriage. Donald Ian Rankin Oct 2014 #21
actually a very good idea etherealtruth Oct 2014 #32
I'd go with that. I think marriage is quite worthless nowadays anyway. Darkhawk32 Oct 2014 #68
I help middle aged women going through divorce Sienna86 Oct 2014 #128
that type of agreement makes sense. samsingh Oct 2014 #182
One reason I oppose marriage. alarimer Oct 2014 #22
I think this would be more a case for opposing having children FLPanhandle Oct 2014 #23
Not entirely GummyBearz Oct 2014 #39
In life we all take some risk and sometimes good things happen and sometimes bad things liberal_at_heart Oct 2014 #25
But what would happen if you weren't granted AndreaCG Oct 2014 #29
It's certainly not a bad idea for everybody to be aware of the divorce and alimony laws in their liberal_at_heart Oct 2014 #30
Plus you'll split marital assets, so it's not like you'd be in the gutter. Darkhawk32 Oct 2014 #105
Always have been against alimony. Always will be. LostInAnomie Oct 2014 #26
What a shock n/t kcr Oct 2014 #31
ya. isnt it. nt seabeyond Oct 2014 #33
I wonder if that poster, GummyBearz Oct 2014 #41
What is silly about a father getting custody? n/t kcr Oct 2014 #42
"a good father a chance at primary custody of a child in a divorce" Scout Oct 2014 #171
Until Equal Pay for Equal Work Liberalynn Oct 2014 #27
It has been the law for 51 years. lumberjack_jeff Oct 2014 #44
Then until that law actually starts being actually enforced Liberalynn Oct 2014 #45
I wonder if this works when it's the man LibertyLover Oct 2014 #28
Yes, I've read articles about women wanting alimony reform bc they pay it. tammywammy Oct 2014 #35
The odds of a man getting alimony certainly has to be lower. Darkhawk32 Oct 2014 #55
This message was self-deleted by its author kcr Oct 2014 #57
Hopefully child support is a different matter bhikkhu Oct 2014 #34
Child support is separate from alimony. n/t tammywammy Oct 2014 #36
Kids can't just be put aside, though. kcr Oct 2014 #37
I doubt anyone agreed to the arrangement of supporting anyone after divorce. LostInAnomie Oct 2014 #38
Of course they didn't. Most people don't expect to divorce when they marry. kcr Oct 2014 #40
It doesn't matter if they agreed to it or not. kcr Oct 2014 #85
How is that implicit at all? LostInAnomie Oct 2014 #113
Planned or not, the divorce happens. How is it right for one to leave the other hanging kcr Oct 2014 #119
I answered. It's not my fault if you don't like the answer. LostInAnomie Oct 2014 #133
Both. So why does only one face the consequence? kcr Oct 2014 #134
Because in the real world choices have consequences. LostInAnomie Oct 2014 #135
Choices have consequences. kcr Oct 2014 #136
Am I not typing in English or something? LostInAnomie Oct 2014 #137
Are people forced to marry stay at home spouses? kcr Oct 2014 #138
What the hell are you even talking about? LostInAnomie Oct 2014 #143
You have not answered why the working spouse doesn't have to face any consequences kcr Oct 2014 #144
Why does the working spouse own the SAHP anything? LostInAnomie Oct 2014 #148
Because taking care of children isn't work? IdaBriggs Oct 2014 #145
It's more of a parental duty. LostInAnomie Oct 2014 #149
Child care and care giving do have monetary value. IdaBriggs Oct 2014 #164
Slap all that on a resume then... LostInAnomie Oct 2014 #169
Here's a clue. They don't. kcr Oct 2014 #203
Because one partner didn't voluntarily choose to remove themselves from the workforce. LostInAnomie Oct 2014 #220
How do you figure? kcr Oct 2014 #221
Have we gotten to the point that you are so impervious to reason... LostInAnomie Oct 2014 #224
I'm not the one impervious to reason kcr Oct 2014 #225
And, now you have to moved to just making things up. LostInAnomie Oct 2014 #228
It is not implicit that one will be left in poverty because of that lack of buildup in work history kcr Oct 2014 #230
How are the results of not having a work history... LostInAnomie Oct 2014 #231
Then why not abolish all divorce laws by that logic? kcr Oct 2014 #232
Because that would be idiotic. LostInAnomie Oct 2014 #235
That's really selfish. Feral Child Oct 2014 #154
That's an excellent summation of an argument you just made up in your head. LostInAnomie Oct 2014 #170
part of that SAHP/worker bargain is the SAHP is tying retirement into the future of the worker. seabeyond Oct 2014 #172
Why wouldn't that be covered... LostInAnomie Oct 2014 #177
here is the thing lost, and i am gonna actually take the time to spell it out the best i can. seabeyond Oct 2014 #180
Except instead of boxes, the guy in the green shorts... lumberjack_jeff Oct 2014 #188
no he isnt. cause the little ones have gotten on each side lifting the big one up.... seabeyond Oct 2014 #190
"hardly any part of the conversation though, is it?" lumberjack_jeff Oct 2014 #192
o... mg. i am washing my dog. done. seabeyond Oct 2014 #193
priceless graphic!! n/t deek Oct 2014 #209
Well, that was a fairly respectful answer... LostInAnomie Oct 2014 #234
just about there. not quite. actually, i am not the fan of maintenance/alimony. seabeyond Oct 2014 #236
Retirement <> another person's wages. lumberjack_jeff Oct 2014 #185
It's the internet. Feral Child Oct 2014 #173
Apparently. LostInAnomie Oct 2014 #174
Even with 50/50 physical custody, child support is used as a proxy alimony. Darkhawk32 Oct 2014 #56
Because children don't cost anything? kcr Oct 2014 #61
Don't start that crap. READ what I posted. Darkhawk32 Oct 2014 #62
It isn't arbitrary. It's a formula based on salary. kcr Oct 2014 #63
Even with near equal salaries, support can be up to 25% of a person's net income. Darkhawk32 Oct 2014 #64
Can be up to. You say it yourself. kcr Oct 2014 #67
Again, you didn't read my post. Darkhawk32 Oct 2014 #70
Find an example n/t kcr Oct 2014 #71
FUCKING ME! Darkhawk32 Oct 2014 #75
No one is a fake feminist kcr Oct 2014 #77
In some cases, it's NOT necessary. Sorry, child support should not be any parent's right of passage Darkhawk32 Oct 2014 #80
So, what mythical child requires no food, clothing or medical expenses? kcr Oct 2014 #88
Are you deliberately being obtuse? Darkhawk32 Oct 2014 #91
I'm reading you loud and clear n/t kcr Oct 2014 #93
No, you're not. You've retrench into your "man must pay" attitude. Darkhawk32 Oct 2014 #96
No, mine is childen shouldn't starve attitude kcr Oct 2014 #97
Post removed Post removed Oct 2014 #99
I'm only responding to what you're typing in this thread kcr Oct 2014 #103
Because they make 2/3 of the joint income treestar Oct 2014 #122
Tell that to the men that went to jail for it davidn3600 Oct 2014 #126
Always anecdotes claiming this happens, but never actual evidence kcr Oct 2014 #127
No you have not treestar Oct 2014 #150
No, it is not treestar Oct 2014 #120
Good. Alimony is the ultimate expression of patriarchy. lumberjack_jeff Oct 2014 #43
Equality laundry_queen Oct 2014 #46
+1. Perfectly illustrated. Nt seabeyond Oct 2014 #49
! Bobbie Jo Oct 2014 #50
My new favorite pic. N/t. Whiskeytide Oct 2014 #72
Only when it's convenient. Darkhawk32 Oct 2014 #66
It's gender neutral now treestar Oct 2014 #162
And people wonder why the marriage rate keeps falling AwakeAtLast Oct 2014 #51
If alimony is granted, it should be for a very limited amount of time. Darkhawk32 Oct 2014 #52
It doesn't mean a lifetime. That is rarely granted. n/t kcr Oct 2014 #54
My cheating, abusive ex-wife tried to get alimony. Darkhawk32 Oct 2014 #53
remember that old saying you'd never die wishing you'd spent more time at the office? Skittles Oct 2014 #58
Not sure where you went with that. LMAO! n/t Darkhawk32 Oct 2014 #59
lots of gals fall short of retirement savings / social security Skittles Oct 2014 #60
So the men that used to be in their life should be on the hook for how long as a result? ;) Darkhawk32 Oct 2014 #65
If the man doesn't want to be on the hook, don't have a wife that stays home to raise his kids. n/t kcr Oct 2014 #69
So the wife has no control over her decisions and therefore is expunged of any personal choice she.. Darkhawk32 Oct 2014 #73
Oh, so men are forced to marry and have stay at home wives? They have no say in this? kcr Oct 2014 #74
So women are incapable of making their own decisions or having a thought in their brain? Darkhawk32 Oct 2014 #76
Nice to know you think they can be tossed aside like garbage and left on the street. kcr Oct 2014 #79
So how long does a man need to pay extortion (alimony) after a marriage? Darkhawk32 Oct 2014 #82
At least until the ex can get on their feet. kcr Oct 2014 #86
Depends on the exit. If the wive was cheating.... tough shit. Darkhawk32 Oct 2014 #89
But what if it was the husbun... not tough shit then I'm guessing? kcr Oct 2014 #90
The husband doesn't usually ask (or granted if they ask) alimony anyway. Darkhawk32 Oct 2014 #94
Oh, really? kcr Oct 2014 #95
That's your opinion AndreaCG Oct 2014 #92
So, I should pay my ex-wife (who was a lazy sack the entire marriage) Darkhawk32 Oct 2014 #98
If you stayed in the marriage and let her stay home to raise your kids, yes. kcr Oct 2014 #101
Post removed Post removed Oct 2014 #102
Do you know what this thread is about? kcr Oct 2014 #104
My goodness you're a bitter person AndreaCG Oct 2014 #106
Isn't it ridiculous? kcr Oct 2014 #107
I'm bitter because I don't think a husband should be on the hook forever (or near forever) Darkhawk32 Oct 2014 #109
They are almost never on the hook forever. This is a nonexistent problem being solved. kcr Oct 2014 #110
I read your post perfectly well AndreaCG Oct 2014 #112
That's not the law treestar Oct 2014 #123
I think in most cases individual circumstances and behavior outweigh any stereotypes bhikkhu Oct 2014 #165
Yours is a more reasonable post AndreaCG Oct 2014 #167
This message was self-deleted by its author seabeyond Oct 2014 #168
The kids love their mother bhikkhu Oct 2014 #207
Sounds like she was and probably still is depressed kcr Oct 2014 #211
Good point AndreaCG Oct 2014 #213
That's not what he said. AndreaCG Oct 2014 #83
No he twisted mine but thanks for playing. Darkhawk32 Oct 2014 #84
So how did you react when your husband ordered you out of the house and into paid work? lumberjack_jeff Oct 2014 #176
because you gave nothing in the partnership when you were SAHP and your wife worked? really? seabeyond Oct 2014 #181
Certainly no more than my wife was giving. lumberjack_jeff Oct 2014 #183
O k ... . So? right there puts you on a level playing field for dividing assets, right? seabeyond Oct 2014 #184
So my contribution to the household while a SAHP... lumberjack_jeff Oct 2014 #186
i asked you, that yes, you gave as much as she gave, in this partnership. at this point, seabeyond Oct 2014 #187
In my case it's simple. We both spent time as SAHPs lumberjack_jeff Oct 2014 #189
twice now, you still did not answer a simple question. because things are not equal at that point, seabeyond Oct 2014 #191
You're not hearing me. lumberjack_jeff Oct 2014 #194
so... reality does not matter, you have your position and unequal works for you. seabeyond Oct 2014 #195
What I hope I'm making clear is my opinion of slavery. n/t lumberjack_jeff Oct 2014 #196
for you to define is as slavery, really does not put you in a good light. i know you are seabeyond Oct 2014 #198
Maybe employers can start using that flawed logic. kcr Oct 2014 #208
Since we are in a thread about divorce, I would assume you would be aware that it exists. kcr Oct 2014 #212
Let me get this straight. lumberjack_jeff Oct 2014 #214
If they don't want to be married to a SAHM kcr Oct 2014 #215
Because equality! and self determination! I am woman, hear me roar... for alimony! n/t lumberjack_jeff Oct 2014 #175
What about the determination of men? As I've asked before. Who made them marry stay at home wives? kcr Oct 2014 #202
What if that wasn't brought up at the time of the marriage? davidn3600 Oct 2014 #205
Who cares if it wasn't brought up at the time of the marriage? kcr Oct 2014 #210
did I fucking say that? Skittles Oct 2014 #81
Our boomers who did not divorce JustAnotherGen Oct 2014 #147
You stay home for 25 years and raise the kids. SheilaT Oct 2014 #87
So marital assets are split. That could be a lot of money. n/t Darkhawk32 Oct 2014 #100
Why shouldn't they be split? treestar Oct 2014 #124
Agreed. laundry_queen Oct 2014 #108
I left out the moving part. SheilaT Oct 2014 #115
Another thing laundry_queen Oct 2014 #117
But that's not the way it works in 2014 davidn3600 Oct 2014 #116
And those same courts are cheerfully SheilaT Oct 2014 #118
Yes. It's older women being hit hardest by this. kcr Oct 2014 #132
Yeah, it's a great deal for the high income spouse. Not so great for the kids. pnwmom Oct 2014 #111
If he provides a house, can he sell it when the kids turn 18? davidn3600 Oct 2014 #129
And yet they do kcr Oct 2014 #130
Why should he? He was rolling in money. Don't you think his young adult kids would care pnwmom Oct 2014 #140
That's the thing right there... davidn3600 Oct 2014 #146
who raises the kids? seabeyond Oct 2014 #156
Television and XBOX? davidn3600 Oct 2014 #157
wrong answer. an adult is needed, but then you know that. you just like to sit with your seabeyond Oct 2014 #166
Women's issues to you is women being protected from accepting responsibility davidn3600 Oct 2014 #178
what a fuckin bullshit, insulting, anti woman statement thru out your post. seabeyond Oct 2014 #179
Why are the men/working partner protected from the same decision? Why no responsibility for them? kcr Oct 2014 #204
Who benefited? davidn3600 Oct 2014 #217
Seriously? kcr Oct 2014 #218
In exchange for possibly lifetime alimony? Not a bad deal, really davidn3600 Oct 2014 #222
No one is stopping them, dude. In fact, there are more SAHDs. kcr Oct 2014 #223
how does a husband benefit with a wife staying at home? seriously? if you can actually ask that seabeyond Oct 2014 #237
Sure. Just remember who picks your nursing home. Starry Messenger Oct 2014 #151
Isn't there a division of assets and property when a couple splits? Violet_Crumble Oct 2014 #139
The US does not have much in the way of social safety nets kcr Oct 2014 #141
He was a lawyer who knew how to work the system, pnwmom Oct 2014 #142
So this is what institutional slavery looks like... Kalidurga Oct 2014 #114
Baloney, show me a state that has actually changed its law treestar Oct 2014 #121
A few years ago Kansas changed the formula they used SheilaT Oct 2014 #158
. . . treestar Oct 2014 #159
Kansas law is similar. SheilaT Oct 2014 #160
another one (Pennsylvania) treestar Oct 2014 #161
"It's ripping your heart out through your wallet" davidn3600 Oct 2014 #125
"staying at home" is always a dicey proposition.. SoCalDem Oct 2014 #131
I wonder where the author of this article got her facts? merrily Oct 2014 #152
My Ex Got Zip Sparhawk60 Oct 2014 #153
But what if the wife stayed at home by choice malaise Oct 2014 #155
The laws try to get the parties started again treestar Oct 2014 #163
You're on the wrong narrative. lumberjack_jeff Oct 2014 #197
this sounds like... oh, i dont know, reading an MRA site. seabeyond Oct 2014 #199
You have a point malaise Oct 2014 #200
of course there are bad bad women. i am sorry i did not put that forefront in each seabeyond Oct 2014 #201
It's not about bad women. It's about bad society. lumberjack_jeff Oct 2014 #216
No it is not Jeff. But that is what you wanted to hear about, seabeyond Oct 2014 #219
The author cites a couple cases known to one attorney. Not exactly stellar research. WinkyDink Oct 2014 #206
Military men? READ THIS AND DUMP LAZY ASSESS before it's too late! boatsfra Oct 2014 #226
My SO was a stay at home mom when she was married to her ex Ex Lurker Oct 2014 #229
 

TheMastersNemesis

(10,602 posts)
1. Articles Reveal The Perils Of Stay At Home Moms. In 3 Words. In Such Arrangement "You're Screwed."
Mon Oct 27, 2014, 03:11 PM
Oct 2014

Even in the 70's, 80's, and 90's when I worked at DOL I interviewed a lot of woman stay at home and even working women who went through a late divorce. They were all royally screwed. And the worst was the stay at homes had a bleak future facing them as far as long term economic security. Even with alimony laws a lot of males went home free and paid nothing. And there was pretty ineffective enforcement.

Today we have maintenance laws but they are unevenly enforced. What makes it worse if the white makes as a class have seen a drop in income and can barely support themselves.

This latest trend if particularly troubling because the job market is so bad that there is little prospect of making a decent income in a now low wage economy. Plus so many jobs are only part time. Even experienced people are competing for what was once "throw away" jobs or "food stamps". I.E. Jobs you can actually work full time and still qualify for food stamps.

grasswire

(50,130 posts)
6. I'd like to see the numbers on this, by decade.
Mon Oct 27, 2014, 03:30 PM
Oct 2014

Those women from the 70s, 80s are now elderly. They were royally screwed in the divorces, and part of that was often the hiding of the husband's assets that was encouraged by their lawyers.

Too, those women most often had no "career" to fall back on. Their career, their training, their experience was as homemakers.

And now they are in the so-called safety net that is shrinking for them yearly.

Hortensis

(58,785 posts)
13. I'd like to see the ideologic background of these judges. Is this trend only a big victory
Mon Oct 27, 2014, 04:16 PM
Oct 2014

for the traditional male theocons' war on women's equality and rights? For their attempts to turn back the clock to a time when women's wellbeing strongly depended on successful marriage?

Could it also have an element of the more liberal recognition that women have both equal rights and responsibilities? If the latter, somehow I would expect a higher value to be assigned to the female's contribution, and its costs, to this mutually agreed marriage partnership.

I know what I would expect a search to turn up. After all, the right has been packing the courts for decades, and this has their stamp all over it. This trend strongly shifts power to the husbands, and if it continues it will severely limit the freedom of many traditional wives, causing most to fear losing their husbands, just like the good old days, and forcing too many to choose between remaining in bad marriages or living in poverty.



Ironic that it is stay-at-home wives in traditional marriages who will be hurt by far the worst. I think I'll start spreading this little tidbit around.

FLPanhandle

(7,107 posts)
14. Interesting the lawyers were most concerned when it's a female judge.
Mon Oct 27, 2014, 04:38 PM
Oct 2014

“There is little sympathy for women who quit their jobs to stay home from the courts, particularly when the magistrate is a woman who has worked her way up as a lawyer — most likely having to put her own children in daycare to earn a seat on the bench.”

Maybe latent resentment or guilt?

Hortensis

(58,785 posts)
19. Perhaps, but I think mostly women tend to be more clear eyed about, and certainly less
Mon Oct 27, 2014, 05:13 PM
Oct 2014

protective toward, women than men do. Probably many are capable of assessing costs to the choices made without resentment. I do wonder how very conservative female judges are viewing this shift of power back to a traditional family value version but suspect many of them are ruthless in pursuit of core principles.

tech3149

(4,452 posts)
20. You should watch a documentary done by the Canadian Film Board
Mon Oct 27, 2014, 05:28 PM
Oct 2014

It's about Marilyn Waring the youngest and first female MP elected in NZ. She discovered quickly how demented economic policies were in pretty much every nation in the UN. It showed how a homemakers value to the economy is not taken into consideration at all.
Here's the link if you're interested. http://www.nfb.ca/film/whos_counting/ I just checked and it's still available. I know I was truly impressed. We could use about 535 more of her here in this country.
With regard to the OP, I couldn't and shouldn't make any broad statement on the subject. I've seen the three major problems with the situation being abused by one party or another. The rather well off man or just total asshole who hides assets or just walks away from responsibility, the average guy who can't subsist on what is left after alimony and child support (generally justified but sometimes impossible to fulfill), the angry or spiteful wife who will do anything to get as much as possible, or the ideological judge who can't evaluate fact because of ideological bias.
For myself and I expect everyone else, divorce is a painful process but when one party tries to "game the system" for their benefit at the expense of the other there needs to be a fair and considered arbiter to try and find the best compromise for all. Unfortunately, our legal system has proven to be anything but that.
Since we are approaching an election that brings up a trying point for me. Those elections for judges have consequences that could help or hurt the community in general but we pretty much have little if any information on which to base our judgement. When the election is non-partisan you don't even know which party principles they agree with. I worked with and around a number of attorneys that could inform me but that was decades ago. If you think it matters, as I do, find attorneys that have to deal with the candidates and buy them a drink, a cup of Joe, or a dinner, and find out if they have their had screwed on straight or are just ideologues or assholes.

Lancero

(3,003 posts)
24. Rather ironic isn't it?
Mon Oct 27, 2014, 05:52 PM
Oct 2014

Alimony's original ideal is that the husband must support the wife, as she is unable to do so herself. It's based on a sexist ideal, that a woman has to have a husband if she is to live a 'good' life.

On paper you'd think that getting rid of this would be a step towards gender equality though in practice it's likely to do the opposite.

Warpy

(111,266 posts)
227. It's why even older Boomer women who didn't have to work
Wed Oct 29, 2014, 01:13 AM
Oct 2014

went out to work. We'd grown up with mothers who were forced to be SAHMs whether they wanted it or not.

We saw friends whose daddies walked away from marriages and whose mothers ended up on welfare because being a waitress or secretary didn't pay the bills. We saw a few particularly unlucky friends who had to move into public housing because Mom lost the house. Once the divorce was in and alimony assessed, few women actually got more than a few payments. There was little will to track men down and force them to pay.

The last thing we wanted to be was trapped into low income work because we'd been out of the work force for 15 years raising children. We knew marriage was a crapshoot and "happily ever after" was a convenient way to end fairy tales.

I don't know if younger women have been brave or foolish to go the SAHM route. I just know it's incredibly risky for them.

napi21

(45,806 posts)
2. Opportunities for ANYONE without recent employment are NIL!
Mon Oct 27, 2014, 03:12 PM
Oct 2014

Even recent experience in low wage jobs isn't worth much if anything. It's another example of judges having NO exposure to the everyday life of the average citizen!

abelenkpe

(9,933 posts)
8. Exactly
Mon Oct 27, 2014, 03:45 PM
Oct 2014

Once you've been laid off, no matter what the reason, it is O so difficult to get back into the workforce and anyone not recognizing that probably just hasn't been gifted with that lovely experience.

dilby

(2,273 posts)
3. Must be something new, I got divorced 3 years ago and pay alimony.
Mon Oct 27, 2014, 03:13 PM
Oct 2014

She was not a stay at home mom but the judge saw the income disparity between me and her and gave her $300 a month for 5 years which was not really a big deal since my child support was only $1200 for two kids.

liberal_at_heart

(12,081 posts)
4. I'm a stay at home mom who hasn't worked in 20 years. I would hope I would get a chance to at least
Mon Oct 27, 2014, 03:24 PM
Oct 2014

go through some job training and maybe an internship before being cut lose. I do have a few passions that could make money if I had the right training.

Hortensis

(58,785 posts)
18. You might hope for it, but in many regions most job training programs were canceled during the
Mon Oct 27, 2014, 05:03 PM
Oct 2014

Reagan era. And I wouldn't count on a judge who denied you alimony awarding thousands for belated education.

I think of our conservative-minded daughter, a stay-at-home wife and mom who abandoned an early career to become mommy to their children. Their mutual wish. I genuinely like and respect our son-in-law, a really good husband and father, but he's handsome and well to do - and famous in his family for his selfishness, while she's nearing 40 and he soon won't need a stay-at-home mother for his children. She works a little bit part time in "their" business and keeps her figure toned like a good country club wife should, but I don't think greeting him at the door with a martini and slippers would keep him in the marriage if he ever got tired of it.

liberal_at_heart

(12,081 posts)
47. There is no guarantee for anybody. I refuse to let those on here who hate the idea of being married
Mon Oct 27, 2014, 11:29 PM
Oct 2014

and staying home with children scare me. My husband has a friend who was just divorced and he is paying temporary alimony. I have looked into the law in my state and I am entitled to temporary alimony. I am not afraid to fight for my rights and I know there are job training programs in my area. I have already looked into a program at one of my local community colleges that I am interested in. It's job training for being a lab technician. My children are getting older and I am interested in finding something that I am interested in to occupy my time. I plan on going back to community college part time to study both chemistry and finance. I have always loved science and over the years I have found I am better with the family money than my husband is. So, I wouldn't mind going to school to learn how to invest. I'm not sure which one I enjoy more so I will take some classes from both to help me figure it out.

Hortensis

(58,785 posts)
238. Hi, Lib. I missed your post before and just wanted to say good for you.
Thu Nov 6, 2014, 01:23 PM
Nov 2014

"Not sure which I enjoy more" is a lovely place to be.

Sheldon Cooper

(3,724 posts)
5. Staying home to take care of your kids can be a real detriment to your career,
Mon Oct 27, 2014, 03:30 PM
Oct 2014

and can have long-term negative effects on your ability to support yourself (and your kids) if you end up divorced. Depending on one person for total support is very risky.

grasswire

(50,130 posts)
7. I have a family member who is a stay at home dad.
Mon Oct 27, 2014, 03:39 PM
Oct 2014

I worry a great deal about this potential problem for him. Additionally, he is treated in a way that most women would find offensive; TOTAL control of the money rests with the wife and he has no access to any of it. Even when she goes out of town and he is home with the kids. She does all the ghopping. Sometimes he gives me a ride somewhere so I can give him a few dollars "gas money."

Even my pathologically narcissistic and abusive husband wasn't that controlling.

AndreaCG

(2,331 posts)
10. Geez
Mon Oct 27, 2014, 03:53 PM
Oct 2014

Sounds like he needs to get out, pronto, while he can still re enter the job market, cause he's less likely to get alimony than a woman. Unfortunately.

grasswire

(50,130 posts)
11. this year the youngest is in kindergarten
Mon Oct 27, 2014, 04:01 PM
Oct 2014

....but they just got a puppy that is a baby and requires constant attention.

Go figure.

I have only spoken to him about this once, a few weeks ago. I said "I'm going to say something once, and I won't mention it again. You don't need to reply. When one person is the stay at home, they generally have some access to the household money. It would be considered abusive for a working man to keep total control of the money." That's all I said. I should have also brought up the facts of community property, but I didn't think to do that.

Darkhawk32

(2,100 posts)
78. Even while married, I worked full-time at night and took care of the kids during the day
Tue Oct 28, 2014, 12:21 AM
Oct 2014

while my ex work 20 hours per week and hung out with friends 20 more hours per week.

She had almost total control of the money because I never went out or visited my own friends.

Terrible life, nobody should go through that.

 

Sen. Walter Sobchak

(8,692 posts)
233. I was headed down that road...
Wed Oct 29, 2014, 02:04 AM
Oct 2014

Supporting me through a career setback soon became control and sabotage. She wanted me to be a full-time errand boy for misc. organizations, politicians and causes she supported. In my state of mind at that time in my life I might have gone along with that had she not also become completely obnoxious in other ways and begun dragging me all over the place just so I could be abandoned in a hotel room, sort of like a dog tied up outside Starbucks.

Shrike47

(6,913 posts)
9. When I worked in state government I noticed we hired many women with no recent work history.
Mon Oct 27, 2014, 03:45 PM
Oct 2014

We got some great, and loyal, people that way.

Hortensis

(58,785 posts)
16. I'm wondering how many of those enabling jobs might have been canceled by right wing budget cuts...?
Mon Oct 27, 2014, 04:46 PM
Oct 2014
 

KamaAina

(78,249 posts)
12. "Nearly every state is revisiting its laws on alimony — or “maintenance” — in divorce cases"
Mon Oct 27, 2014, 04:03 PM
Oct 2014

I detect the slimy hand of ALEC behind this.

 

Daemonaquila

(1,712 posts)
15. Hardly.
Mon Oct 27, 2014, 04:41 PM
Oct 2014

This has been the case in most states at least as far back as the 80s and definitely in the early 90s while I was in law school. Each state has its guidelines for when judges can/should/must award alimony, but even that long ago they were rapidly rewriting laws to restrict alimony at the same time the judges were becoming more and more reluctant to award it. This story could easily have been written 20 years ago. Our professors made it crystal clear that alimony was rapidly becoming a thing of the past.

Donald Ian Rankin

(13,598 posts)
21. A prenuptual agreement should be mandatory for the state to recognise a marriage.
Mon Oct 27, 2014, 05:31 PM
Oct 2014

Couples should make decisions about this sort of thing together, at the point when they still love each other, and if they can't reach an agreement that's probably an indication that they shouldn't get married.

A marriage is almost certainly the most important contract you'll ever sign. Practically any other contract contains details of what happens if it's breached or wound up; omitting them from the most important ones is perverse.

Sienna86

(2,149 posts)
128. I help middle aged women going through divorce
Tue Oct 28, 2014, 02:46 AM
Oct 2014

Typical case- the woman is nearing fifty, and the couple agreed years ago the woman should stay home, quit work and raise the children. When the husband files for divorce, the women are getting short term maintenance and child support. Since the kids are usually in their teen years, child support is not long term, these women need to get training, education and produce an income within two years or they and the kids suffer a serious life style shift.

I think to myself frequently that I would tell a daughter who wishes to pause or quit a career for her family, when both husband and wife agree, to have a pre-nup or post-nup, setting out what happens if the husband decided to divorce.

No one ever thinks they're going to need it, but such an agreement done at the time of the wedding or as children are being born, can be very important. If not for the parent, then for the children.

alarimer

(16,245 posts)
22. One reason I oppose marriage.
Mon Oct 27, 2014, 05:44 PM
Oct 2014

Not a good idea to abandon independence entirely. Because, ultimately, you cannot and should not be totally dependent upon another person for you financial well-being. Too many people get screwed over. We hear this story time and time again.

FLPanhandle

(7,107 posts)
23. I think this would be more a case for opposing having children
Mon Oct 27, 2014, 05:47 PM
Oct 2014

The kids are the primary reason someone in the marriage has given up their career and staying at home.

 

GummyBearz

(2,931 posts)
39. Not entirely
Mon Oct 27, 2014, 08:10 PM
Oct 2014

My wife keeps toying with the idea of giving up her teaching position and becoming a full time blogger (she has never blogged before and doesn't even have a twitter account). She has 50K in student debt that I mainly pay for. If she quits teaching I will be paying for it all. And a divorce would just split the debt with me while I split my savings with her. All I can do is tell her we need 2 incomes to live and let her make her choices...

liberal_at_heart

(12,081 posts)
25. In life we all take some risk and sometimes good things happen and sometimes bad things
Mon Oct 27, 2014, 05:52 PM
Oct 2014

happen. I have been happily married for 20 years and have been a stay at home mom for 20 years. I love my life. If my marriage ended tomorrow I would do what needed to be done to start my life as a single person. I would file for temporary alimony. I would get my own place. I would try to get a job and I would go back to school.

liberal_at_heart

(12,081 posts)
30. It's certainly not a bad idea for everybody to be aware of the divorce and alimony laws in their
Mon Oct 27, 2014, 06:23 PM
Oct 2014

state. In my state temporary alimony is awarded. My husband actually has a friend that just got divorced and is paying temporary alimony.

Darkhawk32

(2,100 posts)
105. Plus you'll split marital assets, so it's not like you'd be in the gutter.
Tue Oct 28, 2014, 12:45 AM
Oct 2014

Temporary alimony to get set up is fine.

 

GummyBearz

(2,931 posts)
41. I wonder if that poster,
Mon Oct 27, 2014, 08:18 PM
Oct 2014

has other silly ideas, like giving a good father a chance at primary custody of a child in a divorce. Probably true... what a nut case

Scout

(8,624 posts)
171. "a good father a chance at primary custody of a child in a divorce"
Tue Oct 28, 2014, 02:30 PM
Oct 2014

a good father DOES have a chance at primary custody.

 

Liberalynn

(7,549 posts)
27. Until Equal Pay for Equal Work
Mon Oct 27, 2014, 05:57 PM
Oct 2014

is the law of the land judges should hold off on reducing anything that will help keep someone above the poverty line. And unless they can guarantee the person can obtain a job even with a large gap of time between jobs, they better rethink this. The last thing this country needs is more people in poverty.

I'm sorry but say you have a spouse who cheats on his\her wife who has stayed at home to care for the kids and keep the house.He/she shouldn't get to dance off with his\her new tryst scot free with all the money, and leave his/her spouse with nothing.

Most employers do ask about gaps in work history and willfully and knowingly discriminate against people no matter what the law says, mainly because a lot of times the laws are not properly enforced.

No I am not divorced, I have never been married, but I have faced discrimination in the past on jobs and in job hunting in the past due to the fact that I am a woman and because I suffer from chronic depression and anxiety.

LibertyLover

(4,788 posts)
28. I wonder if this works when it's the man
Mon Oct 27, 2014, 06:06 PM
Oct 2014

who decided to stay home with the kids and the wife worked to support the family.

Response to Darkhawk32 (Reply #55)

bhikkhu

(10,718 posts)
34. Hopefully child support is a different matter
Mon Oct 27, 2014, 07:02 PM
Oct 2014

but aside from kids, when two people are divorced they should both be independent. Money issues complicate things so much - my sister has been trying to get a divorce finalized for years now. Disagreement over child custody frustrated the first attempt to do it simply, without lawyers. Now it been a year of valuing and dividing assets, including pensions and so forth, and private investigators to track down hidden and undeclared assets - a big bitter mess.

I was lucky in my divorce, as there wasn't much to divide. Two properties worth less than the debts they carried, no real money in the bank and an assortment of other debt we divided according to who's name was on it. And two $1000 cars, I got one, she got one. Pretty easy as well in that neither of us had any intentions of taking the kids away from the other, and its worked out reasonably well. Without worry about being saddled with her debts, or having my income used against me, I've been able to improve my employment situation and better provide for the kids.

kcr

(15,317 posts)
37. Kids can't just be put aside, though.
Mon Oct 27, 2014, 07:11 PM
Oct 2014

If one parent stayed home for a long time, they won't simply be able to become instantly independent. And both partners agreed to that arrangement. One should not be able to waltz off scot free after having agreed to an arrangement that leaves the other in the dust.

LostInAnomie

(14,428 posts)
38. I doubt anyone agreed to the arrangement of supporting anyone after divorce.
Mon Oct 27, 2014, 08:02 PM
Oct 2014

An agreement between a couple for one to work and the other to stay home is just that. One works, the other stays home. It isn't an agreement to be on the hook for their financial well-being after a divorce.

If they want that to be the arrangement, they should have to sign a contract stating exactly that.

kcr

(15,317 posts)
40. Of course they didn't. Most people don't expect to divorce when they marry.
Mon Oct 27, 2014, 08:14 PM
Oct 2014

Which is the reason divorce laws exist.

kcr

(15,317 posts)
85. It doesn't matter if they agreed to it or not.
Tue Oct 28, 2014, 12:27 AM
Oct 2014

THey know they're agreeing to an arrangement where one spouse is staying out of the workforce to the detriment of their career. They should be able to walk away from that and leave the other one hanging? How is that right?

LostInAnomie

(14,428 posts)
113. How is that implicit at all?
Tue Oct 28, 2014, 01:08 AM
Oct 2014

Like you said in your other post, the couple isn't planning on getting divorced when they make the arrangement. So how is post-divorce support implied?

When couples make the stay-at-home/working spouse arrangement, they both agree to make sacrifices. Just because one chooses to stay at home doesn't make them some kind of martyr. They do not deserve patronage because they made the decision to stay home instead of work.

When you divorce you are severing whatever ties you have to that person. They are not entitled to anything that wasn't agreed to beforehand, or what isn't communal property. If no one explicitly made the agreement that staying at home means post-divorce payments, how are they entitled to anything?

kcr

(15,317 posts)
119. Planned or not, the divorce happens. How is it right for one to leave the other hanging
Tue Oct 28, 2014, 02:07 AM
Oct 2014

when both agreed to an arrangement that leaves one spouse at much more of an advantage in earning potential? You refuse to answer that.

LostInAnomie

(14,428 posts)
133. I answered. It's not my fault if you don't like the answer.
Tue Oct 28, 2014, 03:13 AM
Oct 2014

You said it yourself: they both agreed to it.

If one spouse willingly makes the choice to not work, they are implicitly accepting everything that comes with it. No where in that agreement is it implied that their spouse is responsible for anything other than supporting them while they are married. They fulfilled their end of the agreement. Once the marriage ends, the agreement is over.

The SAHP can't have it both ways. They can't choose to not work, agree to be supported by their spouse instead of building a work history, and then expect to be paid after divorce because they haven't worked in 20 years.

kcr

(15,317 posts)
134. Both. So why does only one face the consequence?
Tue Oct 28, 2014, 03:15 AM
Oct 2014

No. You haven't answered why that is so. Tell me. Why does one spouse get to keep all the goodies when it comes to earning potential while the other flounders?

LostInAnomie

(14,428 posts)
135. Because in the real world choices have consequences.
Tue Oct 28, 2014, 03:26 AM
Oct 2014

If you choose to not work and build a work history, it isn't the fault of your ex-spouse that you are unemployable. Your spouse fulfilled their end of the agreement while supporting you while you were married. Once the marriage is over so is the agreement.

kcr

(15,317 posts)
136. Choices have consequences.
Tue Oct 28, 2014, 03:29 AM
Oct 2014

Why isn't it the fault of the ex spouse? I thought you conceded that this was a choice that both agreed to? If choices have consequences, why is only one spouse facing the consequence? Both decided that a parent should stay home because they think that is best. So, why is only one paying the price?

LostInAnomie

(14,428 posts)
137. Am I not typing in English or something?
Tue Oct 28, 2014, 03:59 AM
Oct 2014

I have gone over this repeatedly. When you choose not to work you are implicitly taking on the consequences of that choice. And, unless your spouse forced you into not working, you have made that choice under your own agency. It isn't the fault of your spouse that "stay at home parent" isn't a marketable job skill. If you can't accept that, then you should have an argument with all employers everywhere about their hiring policies.

"So, why is only one paying the price?"

Because their spouse already paid by supporting them throughout the length of the marriage. Why should they have to pay twice?

kcr

(15,317 posts)
138. Are people forced to marry stay at home spouses?
Tue Oct 28, 2014, 04:00 AM
Oct 2014

Your english is fine. Your skills at dodging questions not so much. It's obvious why you don't want to answer. You might as well come out with it.

LostInAnomie

(14,428 posts)
143. What the hell are you even talking about?
Tue Oct 28, 2014, 04:21 AM
Oct 2014

I'm not dodging anything. I have literally answered every question you have presented. You might not like the reality that there are real world consequences to choices, but it won't change the fact that it's true.

Stay at home spouses accept the risk of not building a work history when they CHOOSE to not work. In return for taking care of the family, they are given support from their working spouse. This agreement is for the length of the marriage. Unless there is some explicit agreement between both spouses for alimony/spousal support in the case of a divorce, the working spouse doesn't own the stay-at-home spouse a damn thing. They have already fulfilled their end of the bargain. Why should they have to pay twice?

It sucks that stay-at-home parents have a hard time finding a job, but no one held a gun to their head and forced then to not work or not develop some skills. They made the choice.

"Are people forced to marry stay at home spouses?"

No. But, they also aren't responsible if their spouse chose to essentially make themselves unemployable by never working. This isn't some kind of modern slavery. People can choose to work anytime they desire. If you choose to base your entire financial well-being on one person, you're probably making a piss poor decision.

edit: " It's obvious why you don't want to answer. You might as well come out with it."

Since I have no clue as to what the fuck you are talking about, why don't you just tell me why I don't want to answer?

kcr

(15,317 posts)
144. You have not answered why the working spouse doesn't have to face any consequences
Tue Oct 28, 2014, 04:26 AM
Oct 2014

Even though both agreed that one of them would stay home. There doesn't have to be an agreement before the divorce. That's what the law is for. Alimony exists to address this. The movement to take it away would harm spouses who stayed home and add to an already growing population of poverty. This would be grossly unfair seeing as both parties agreed. So, I ask again. Why should we add to the growing problem of poverty by taking away alimony and let working spouses off scot free? Working spouses who benefited from having a spouse that stayed home in the first place?

LostInAnomie

(14,428 posts)
148. Why does the working spouse own the SAHP anything?
Tue Oct 28, 2014, 05:23 AM
Oct 2014

Seriously. If the working spouse supported the family throughout the course to the marriage (fulfilling their end of the agreement), why do they own the SAHP anything? Should they have forced them to work? Should they have accepted that their spouse apparently will not make the correct choices for their own financial well being and made them get a job? Does the working spouse have so much control over a marriage that the SAHP is incapable of personal responsibility?

The working spouse "doesn't face any consequences" because it's not their fault "stay-at-home parent" isn't a marketable job skill. That is just cold hard reality. Divorce shouldn't be about trying to level some kind of cosmic scales. It should be about splitting shared property, deciding custody, assessing child support, and severing entanglements. Looking to create a "consequence" to the working spouse is simply punishing them for the SAHP's choices.

"Why should we add to the growing problem of poverty by taking away alimony and let working spouses off scot free?"

Scot free? What did they do wrong that they need punished? They fulfilled their part of the agreement. They worked while the SAHP stayed home. They don't own them a damn thing once the marriage is finished. It sucks that there's a "growing problem of poverty" but that means exactly jack fucking shit when it comes to divorce. Fixing social ills isn't the jurisdiction of a divorce court.

"The movement to take it away would harm spouses who stayed home and add to an already growing population of poverty."

So? Once again, divorce court isn't for fixing social ills. It is about justly ending a marriage and severing ties. Courts and society are moving away from alimony because it is antiquated bullshit from a time when women couldn't enter the workforce. Those barriers don't exist now, and two income families are the norm.

 

IdaBriggs

(10,559 posts)
145. Because taking care of children isn't work?
Tue Oct 28, 2014, 05:05 AM
Oct 2014

Wow. Teacher salaries now explained.

The assumption that stay-at-home has no value to the partnership (instead of being an investment) and is someone taking advantage of someone else is really the crux of this, isn't it?

I was just talking with a woman this evening who has been a stay at home for nine years: they had three children in three years. The "added value" she brought to the marriage by carrying the children was not discussed (because frankly, just because surrogates get paid $40k doesn't mean a spouse should get marital credit for such a thing), but we briefly discussed how her child are bill was going to exceed the income her career would provide.

Opportunity cost is a real thing.

LostInAnomie

(14,428 posts)
149. It's more of a parental duty.
Tue Oct 28, 2014, 05:34 AM
Oct 2014

It has value, but not everything of value is monetized.

"The assumption that stay-at-home has no value to the partnership (instead of being an investment) and is someone taking advantage of someone else is really the crux of this, isn't it? "

No, that isn't the crux of anything. The crux is the question of whether the SAHP is owed anything because they have withdrawn themselves from the workforce to raise their kids.


"Opportunity cost is a real thing."

Yes, but so is personal choice.

 

IdaBriggs

(10,559 posts)
164. Child care and care giving do have monetary value.
Tue Oct 28, 2014, 10:14 AM
Oct 2014

Ask your favorite babysitter.

The automatic assumption by you that staying home with children is "withdrawing from the work force" is (in my opinion) one of the most insane arguments any parent can actually make.

Pretend minimum wage is $10.10 -- child care @ 40 hours (while one member of the team is "at work&quot , plus drive time (usually minimum 5 hours -- one hour each for five days), plus lunch and breaks (another five hours) means "working spouses" are gone from their homes for 50 hours.

50 hours * $10.10 = $505 each week, or $26,260 annually (plus employer costs).

If you pay a nanny or day care provider, that cost can be "per child" or include benefits.

Low income wage earners may choose to "pay" a stay-at-home spouse with the "savings" going to the household.

Invisible money is hard to count: how much is it worth to make sure the quality of care children receive is at a standard that is agreeable to the family? Daycare providers will not take children to the doctor or the dentist, to enrichment activities like the library or the park, etc.

Plus personally, having carried the children / given birth to them, their is no way my husband could ever compensate me appropriately for that (even if one assumes the standard surrogate fee of $40K).

Women do it for "love" - business folks do it for profit.

LostInAnomie

(14,428 posts)
169. Slap all that on a resume then...
Tue Oct 28, 2014, 01:47 PM
Oct 2014

... and see if employers think it counts as being withdrawn from the workforce.

"Plus personally, having carried the children / given birth to them, their is no way my husband could ever compensate me appropriately for that..."

Why should he ever have to? It's not like you had kids solely for his benefit.

kcr

(15,317 posts)
203. Here's a clue. They don't.
Tue Oct 28, 2014, 10:32 PM
Oct 2014

So the partner that stayed home will suffer. It isn't solely for his benefit. But he certainly benefits. Why does all the negative consequences of a decision have to fall on one and not the other?

And the resume isn't the point. All that time child care expenses didn't have to be paid. That was a benefit both parents enjoyed because one parent stayed home, among other benefits from the arrangement.

LostInAnomie

(14,428 posts)
220. Because one partner didn't voluntarily choose to remove themselves from the workforce.
Wed Oct 29, 2014, 12:04 AM
Oct 2014

If you don't like the real world consequence of a decision, don't make that decision.

The working partner missed out on a lot of time with their kids. They may have missed out on first words, first steps, ball games, etc. Why can't they sue for those things? Oh right, because it was the consequence of their decision and you can't wave a fucking magic wand to make them appear. Kind of like how you can't make a person with a 20 gap in their employment history suddenly employable, or put them on the same footing as their ex-spouse that has worked.

kcr

(15,317 posts)
221. How do you figure?
Wed Oct 29, 2014, 12:06 AM
Oct 2014

Point to the law that says someone has to stay married to someone who quits to become a stay at home parent?

LostInAnomie

(14,428 posts)
224. Have we gotten to the point that you are so impervious to reason...
Wed Oct 29, 2014, 12:29 AM
Oct 2014

Last edited Sun Feb 14, 2021, 10:51 AM - Edit history (1)

... that we have to rehash the entire point of this thread?

This whole thread is about divorcing SAHPs. How has this escaped you?

kcr

(15,317 posts)
225. I'm not the one impervious to reason
Wed Oct 29, 2014, 12:58 AM
Oct 2014

You are the one who insists that that working parent had no choice in the matter so they shouldn't have to pay the SAHP in the divorce. Which is nonsense.

LostInAnomie

(14,428 posts)
228. And, now you have to moved to just making things up.
Wed Oct 29, 2014, 01:23 AM
Oct 2014

"You are the one who insists that that working parent had no choice in the matter..."

No. No, I am not, nor have I ever said anything even resembling that. I have stated over, and over, and over, and over, that the SAHP/working spouse model is an "agreement", "choice", "arrangement" between both spouses. A simple glance through all of my posts in this thread would verify that.

The working spouse has come to the agreement with the SAHP that one will work while the other stays at home. Implicit in this agreement is that both will miss out on something. One will miss out on time with their kids, the other will miss out on building a work history. That is a sacrifice both willingly make because it is the opportunity cost of making that decision.

No where in that agreement is it implicit that the working spouse will financially support the SAHP in case of divorce. Alimony/spousal support is a backdoor method of removing the opportunity cost from the SAHP and an undue punishment for the working spouse.

Yes, it sucks that the opportunity cost of being a SAHP is difficulty finding a job. But, that doesn't mean that they are owed anything. If you don't want to accept the costs of being a SAHP, don't be a SAHP.

kcr

(15,317 posts)
230. It is not implicit that one will be left in poverty because of that lack of buildup in work history
Wed Oct 29, 2014, 01:31 AM
Oct 2014

No one counts on people like you getting their way in having alimony eliminated, for one thing. But generally speaking, people don't plan for divorce. That is what divorce laws are for.

LostInAnomie

(14,428 posts)
231. How are the results of not having a work history...
Wed Oct 29, 2014, 01:55 AM
Oct 2014

... not implied by not having a work history?

"But generally speaking, people don't plan for divorce."

With about 50% of marriages ending in divorce, that probably isn't a very good idea.

"That is what divorce laws are for. "

Good thing they are changing then.

kcr

(15,317 posts)
232. Then why not abolish all divorce laws by that logic?
Wed Oct 29, 2014, 02:01 AM
Oct 2014

Is that what you are proposing? Because that will never happen. Or are you only focusing on the ones that affect mostly women, like alimony?

LostInAnomie

(14,428 posts)
235. Because that would be idiotic.
Wed Oct 29, 2014, 02:47 AM
Oct 2014

Matters like child custody, child support, and the division of shared assets need to be decided.

"Or are you only focusing on the ones that affect mostly women, like alimony?"

We are discussing alimony, because alimony was the focus of the OP. In case you haven't noticed, I haven't mentioned women once. That's because men and women are choosing to stay at home now. It is my consistent belief that neither men nor women deserve alimony.

Feral Child

(2,086 posts)
154. That's really selfish.
Tue Oct 28, 2014, 08:51 AM
Oct 2014

"Everything should be mine 'cause I'm the one who worked for it all. All she ever did was sit at home eating bonbons and watching the Soaps.."

Except she washed your socks and took care of the kids and mopped the floors and did the shopping and cooked the meals...


Sounds like someone had a nasty divorce and is caught up in the need to "win".



LostInAnomie

(14,428 posts)
170. That's an excellent summation of an argument you just made up in your head.
Tue Oct 28, 2014, 02:06 PM
Oct 2014

"Except she washed your socks and took care of the kids and mopped the floors and did the shopping and cooked the meals..."

And? The working spouse worked everyday, provided for the material needs of the family, took on the added stress of being the only income, missed out on time with the kids, etc... So where does the part come in where the working spouse owes the SAHP anything?

They both agreed to the SAHP/worker bargain. Making the worker pay for the choice of the SAHP is as ridiculous and the worker handing the SAHP a bill after the divorce.

"Sounds like someone had a nasty divorce and is caught up in the need to "win". "

Nope. Happily married to my first wife. Been together for years.

 

seabeyond

(110,159 posts)
172. part of that SAHP/worker bargain is the SAHP is tying retirement into the future of the worker.
Tue Oct 28, 2014, 02:40 PM
Oct 2014

without that implicit agreement, none of it would make sense to walk from the workforce for two decades.

hence the benefits to the worker, having a SAHP. everything works to the workers advantage, in job security, advancement, pay increases having a SAHP taking care of all the home issues.

it is called... a partnership.

i know. way out there and all.

LostInAnomie

(14,428 posts)
177. Why wouldn't that be covered...
Tue Oct 28, 2014, 04:26 PM
Oct 2014

... when splitting shared assets?

As you said, it's a partnership. The proceeds from that partnership are retirement savings, assets, investments, 401k's, pensions, etc. These are all subject to division after divorce. Those are all the things they were basing their retirement on when married. Why would the SAHP be entitled to anything more?

 

seabeyond

(110,159 posts)
180. here is the thing lost, and i am gonna actually take the time to spell it out the best i can.
Tue Oct 28, 2014, 06:01 PM
Oct 2014

which may not be so good. i did not see this in the past. i do get it now.

it is part of the fluid progressive democratic thinker.

we can look at equality as a flat line. and if that line is not flat, then surely things are not equal. but when peeling the onion back, we see that the line we thought was level is not.

so i think you are honestly looking at an equal to the sahp. i appreciate you using parent, cause men are stepping up into this role, and i have nothing but positive to say about that and do not want them to be excluded.

lets look at me, as an example. i spent my 20's working my way up. not thru education, and degrees, but thru business and hard work. i was managing a company and was told, a minimal wage for 5 yrs and then i would get my own business, as i am hitting 30, unmarried, and i would have set my future up nicely.

i owned my own home.

i got married.

i had a baby immediately. oops.

i did not know i would be the type of woman that would want to be a stay at home, but after birth, my hubby and i could not see it any other way, and we could afford it. this is more, i think, an upper middle class issue, today. because without a certain pay, parents cannot do this, do not have the option to do this, and it is simply wrong that choice is not there for parents. but, as we are discussing, it does come with risk.

the minute i walked out of the work force, i left my potential earning for a lifetime.

i recognized this choice and had to have trust in my husband and the knowledge that for me, regardless of the risks to me, my child were worth it and it was something i could do it.

two decades later.

if we were to evenly split all assets and go on our way, my husband would end up living in fiscally upper middle class, and i would then be forced to fiscally lower class in a flash.

i am now back to minimum wage, having lost the opportunities when i was 30, and though i would have a stash of money, living that minimum wage with living cost, would quickly eat up my "retirement". where as my husbands large wage would only be increasing his retirement.

it is not a level playing field.

recognizing the risk i am taking, i insured that if i ever step out of this marriage, what i receive will cover three decades of unearnable living expense.



this illustration says it best. it is why we do not advocate and rally for a flat tax. it is an easy progressive concept to grasp.






 

lumberjack_jeff

(33,224 posts)
188. Except instead of boxes, the guy in the green shorts...
Tue Oct 28, 2014, 06:39 PM
Oct 2014

... is obliged to carry the others on his shoulders.

This argument shouldn't be personalized, but now that the kids in the scenario you described are grown, why shouldn't the SAHP go back to work?

The breadwinner made sacrifices too, ones that he can never get back.

 

seabeyond

(110,159 posts)
190. no he isnt. cause the little ones have gotten on each side lifting the big one up....
Tue Oct 28, 2014, 06:46 PM
Oct 2014

this is where you lose the progressive argument in this. where you cannot see, cause you are only looking linear.

thru all the things the stay at home did, that created a healthy and relaxed and peaceful environment for the worker. they came home and were done. could regroup. they were never disturbed while working cause someone else was around to take care of the issues. all they had to be concerned about, was work. two working family are going to the boss to tell them, that they have to step out to pick up a sick kid. or they have to rush to store after work to pick up dinner, ect...

the partner starts a business and they can spend the hours devoted to growing that business, cause they have someone else to take care of the rest of life

so no.

it is not only the big dude picking up the others to shoulder.

that is the whole point of it

if people decide going to work once the kids are out of the house, then fine. that is there decision. hardly any part of the conversation though, is it?

 

lumberjack_jeff

(33,224 posts)
192. "hardly any part of the conversation though, is it?"
Tue Oct 28, 2014, 06:51 PM
Oct 2014

Of course it is.

The whole premise of this conversation is that moms should be entitled to dad's earnings after divorce because he made her stay home to take care of his kids.

Setting aside the questionable validity of the stereotype, without kids it completely falls apart. Absent kids, it's just a long summer vacation.

LostInAnomie

(14,428 posts)
234. Well, that was a fairly respectful answer...
Wed Oct 29, 2014, 02:36 AM
Oct 2014

Last edited Wed Oct 29, 2014, 03:32 AM - Edit history (3)

... so I'll reply in kind. (Even though I'm pretty sure you implied I'm a sexist in #33)

I agree with you that the SAHP/worker model is pretty much an issue for upper middle class people. Unless one spouse is pulling down some decent money it isn't a luxury that most people can afford. When a couple agrees to that model though, it is accepted by both partners that there will be opportunity costs. For instance, you gave up your career and earning potential in return for the opportunity to raise your children and experience all their life events. You husband gave up time with his children, and in return gained a work history and a home that is taken care of.

From what I am reading, it seems that you are fairly satisfied with this arrangement. You hold up your end or the bargain, he holds up his, and no one feels cheated. The question is then: when does this agreement become unfair? If I were to ask you now, if you thought you were owed anything because of your lack of work history, you would probably reply "No". This is because you have freely made the choice to be a SAHP, and are happy with the results. You knew the opportunity costs and have accepted them. So, how would a divorce change this? How does divorce change a situation that most SAHPs are happy with to one where they are owed money?

The graphic you posted, while neat, is not a dynamic I would want to see in place divorce court. Divorce court should be like contract law. It should be cold, factual, and narrowly defined. It isn't a place where judicial advocacy, social justice, or sentiment should come into play. Not because these things aren't important, but because the court's findings need to be equitable. Using divorce court to level social scales draws its impartiality into question.

 

seabeyond

(110,159 posts)
236. just about there. not quite. actually, i am not the fan of maintenance/alimony.
Wed Oct 29, 2014, 09:47 AM
Oct 2014

with liquid assets, i would prefer a 30/70 split. or something like that. having looking at individual needs and abilities. then there is not a lifetime of payment.

and that would be where the graphic, or my comment about flat tax comes into it.

you mention the loss for the worker, not having the kids. you know, my husband would have not an iota bit of interest with his day taking care of the kids and house and menial work. we can pretend he is "missing out" and not at all. he would in no way not be out there working. and i agree with him. there are advantages to being out in the work force, in a social environment, even though "work". to suggest it has any more frustration, than staying at home, is simply wrong. there are as many advantages as disadvantages either choice one makes.

money on the other hand is tangent. if, at this time, i step out on the marriage, i can likely end up on the street, while husband sits in upper middle class. if you cannot see the injustice in that, then, ... i have explained with all my powers and i am done. if it means on walking out, one party gets more of the pie than the other, and it is called equal, .... as a progressive democrat, i totally get it.

 

lumberjack_jeff

(33,224 posts)
185. Retirement <> another person's wages.
Tue Oct 28, 2014, 06:32 PM
Oct 2014

Upon divorce the household assets are split. It is important for both partners to manage the finances in such a way that there's something to retire upon... or split.

Darkhawk32

(2,100 posts)
62. Don't start that crap. READ what I posted.
Tue Oct 28, 2014, 12:03 AM
Oct 2014

With 50/50 custody, expenses are equalized naturally. Then a support number is arbitrarily added in... therefore a proxy alimony.

kcr

(15,317 posts)
63. It isn't arbitrary. It's a formula based on salary.
Tue Oct 28, 2014, 12:05 AM
Oct 2014

It's not crap. Food, clothing, healthcare etc all cost money.

Darkhawk32

(2,100 posts)
64. Even with near equal salaries, support can be up to 25% of a person's net income.
Tue Oct 28, 2014, 12:07 AM
Oct 2014

Why does one parent have to pay 2/3 of the child's expenses? That's absurd.

If you can't take care of the kids without bankrupting the other equal parent, then maybe you shouldn't have custody of the kids.

kcr

(15,317 posts)
67. Can be up to. You say it yourself.
Tue Oct 28, 2014, 12:09 AM
Oct 2014

That's because it's a formula calculated based on salary. If a spouse makes 200,000 a year while the other stayed home 15 years, and they split, why should the kids have to live in a card board box down by the river and beg for food for the 50% of the time they're with the parent who cant' find a job because they were out of the workforce for 15 years?

Darkhawk32

(2,100 posts)
70. Again, you didn't read my post.
Tue Oct 28, 2014, 12:11 AM
Oct 2014

Even with nearly EQUAL salaries, the equal parent with the slightly higher salary can be on the hook for 25% of the net income.

Darkhawk32

(2,100 posts)
75. FUCKING ME!
Tue Oct 28, 2014, 12:15 AM
Oct 2014

I have my kids 50% of the time (and 50% of the expenses while they are with me) and I made approximately $3k per year more than her and I give her $6600 per year plus tax incentives to my ex-wife.

She makes so much money from this, she no longer has to work full-time and I have to work 60 hours per week just to pay the bills. It's obscene and any woman in this forum that supports that short of shit is a fake feminist.

kcr

(15,317 posts)
77. No one is a fake feminist
Tue Oct 28, 2014, 12:20 AM
Oct 2014

Child support is a necessity. It is not proxy alimony. If either of you had a change of income you can go back and get the support adjusted.

Darkhawk32

(2,100 posts)
80. In some cases, it's NOT necessary. Sorry, child support should not be any parent's right of passage
Tue Oct 28, 2014, 12:24 AM
Oct 2014

Good luck having a man get a change in child support, especially since she's decided to only work part-time since she can leech off of me. Great fucking system. Proxy alimony. In this situation, I find it more like delayed prostitution.

kcr

(15,317 posts)
88. So, what mythical child requires no food, clothing or medical expenses?
Tue Oct 28, 2014, 12:30 AM
Oct 2014

It isn't the parent who is entitled to the support. It is the child.

Darkhawk32

(2,100 posts)
91. Are you deliberately being obtuse?
Tue Oct 28, 2014, 12:32 AM
Oct 2014

I mean fucking seriously, I don't think you've read a single line I've typed.

kcr

(15,317 posts)
97. No, mine is childen shouldn't starve attitude
Tue Oct 28, 2014, 12:36 AM
Oct 2014

Which counters your screw children, cheating women must pay attitude.

Response to kcr (Reply #97)

kcr

(15,317 posts)
103. I'm only responding to what you're typing in this thread
Tue Oct 28, 2014, 12:44 AM
Oct 2014

If you're not against child support and leaving SAHMs on the street, then I don't know why you seem to be saying otherwise. You are certainly giving that impression.

treestar

(82,383 posts)
122. Because they make 2/3 of the joint income
Tue Oct 28, 2014, 02:13 AM
Oct 2014

The formula accounts for how much each parent makes.

It does not bankrupt anyone.

 

davidn3600

(6,342 posts)
126. Tell that to the men that went to jail for it
Tue Oct 28, 2014, 02:36 AM
Oct 2014

Men who got laid off during the recession couldnt find work that made the same amount of income. But the courts wouldnt change the child support amounts or they wouldnt have a court date available for months. Some of these men ended up arrested.

So don't give me the crap that it doesn't bankrupt you. They can dock more than half your paycheck....I'VE SEEN THAT HAPPEN!

kcr

(15,317 posts)
127. Always anecdotes claiming this happens, but never actual evidence
Tue Oct 28, 2014, 02:38 AM
Oct 2014

Child support can and is adjusted.

treestar

(82,383 posts)
150. No you have not
Tue Oct 28, 2014, 06:09 AM
Oct 2014

or they are lying to you. It is based on income and federal studies. If they ended up in jail, it was because they refused to obey a court order. When you get laid off, you can ask for a modification and it will be based on the unemployment. This is a big fail, if anything happens, it is the person's fault.

Oh and mothers pay child support too. If they don't have custody they are just as liable. And the formula accounts for the custodial parents income and that their income is used to support the child too.

treestar

(82,383 posts)
120. No, it is not
Tue Oct 28, 2014, 02:10 AM
Oct 2014

Child support is decided by formulas based on studies regarding how much income parents in intact families spend on the children.

treestar

(82,383 posts)
162. It's gender neutral now
Tue Oct 28, 2014, 09:57 AM
Oct 2014

In most state laws, I'll wager all state laws by now.

Women who end up paying it end up with the same attitude.

AwakeAtLast

(14,130 posts)
51. And people wonder why the marriage rate keeps falling
Mon Oct 27, 2014, 11:48 PM
Oct 2014

This idea would work very well if we were in a truly equal society where everyone was paid equally, but we all know that we are not.

Would this change if there was a prenup? I could see where it could be negotiated if one spouse was to decide to stay home that they get so much in the event of a divorce. If it does, then every woman who marries and has even a thought about staying home with children should be visiting a lawyer.

Also, who then will take care of the children? It seems counterproductive to force the idea on either spouse that strangers should be taking care of their children.

These are just questions that popped into my mind - I don't have any real answers.

Darkhawk32

(2,100 posts)
52. If alimony is granted, it should be for a very limited amount of time.
Mon Oct 27, 2014, 11:55 PM
Oct 2014

Marriage and divorce shouldn't mean a lifetime worth of financial destruction to the paying spouse.

If you don't believe that, then I can understand men (and in rare instances, women) being very dubious about getting married.

Darkhawk32

(2,100 posts)
53. My cheating, abusive ex-wife tried to get alimony.
Mon Oct 27, 2014, 11:56 PM
Oct 2014

Thank goodness the judge looked at her like the slime she is.

kcr

(15,317 posts)
69. If the man doesn't want to be on the hook, don't have a wife that stays home to raise his kids. n/t
Tue Oct 28, 2014, 12:11 AM
Oct 2014

Darkhawk32

(2,100 posts)
73. So the wife has no control over her decisions and therefore is expunged of any personal choice she..
Tue Oct 28, 2014, 12:12 AM
Oct 2014

made knowing the possible consequences down the road?

kcr

(15,317 posts)
74. Oh, so men are forced to marry and have stay at home wives? They have no say in this?
Tue Oct 28, 2014, 12:14 AM
Oct 2014

Wow, I had no idea. This is a travesty.

Darkhawk32

(2,100 posts)
76. So women are incapable of making their own decisions or having a thought in their brain?
Tue Oct 28, 2014, 12:16 AM
Oct 2014

Nice to know you think women are morons.

kcr

(15,317 posts)
79. Nice to know you think they can be tossed aside like garbage and left on the street.
Tue Oct 28, 2014, 12:22 AM
Oct 2014

Neither should be able to walk away scot free and leave the other to rot when both contributed to the decision.

Darkhawk32

(2,100 posts)
82. So how long does a man need to pay extortion (alimony) after a marriage?
Tue Oct 28, 2014, 12:25 AM
Oct 2014

Give me a specific time.

Short term (< 1 year) is ok. More than that is just pure extortion.

kcr

(15,317 posts)
86. At least until the ex can get on their feet.
Tue Oct 28, 2014, 12:28 AM
Oct 2014

I honestly don't know how anyone with any sense of morals or ethics can think it's right to agree in a partnership to let the other spouse stay home to raise the kids for years. And then leave the relationship and let them starve.

Darkhawk32

(2,100 posts)
89. Depends on the exit. If the wive was cheating.... tough shit.
Tue Oct 28, 2014, 12:30 AM
Oct 2014

Like I've said... very temporary alimony is ok, but long-term is just bullshit.

The ex-husband/ex-wife doesn't owe the other ex-spouse a living for any long length of time.

kcr

(15,317 posts)
90. But what if it was the husbun... not tough shit then I'm guessing?
Tue Oct 28, 2014, 12:32 AM
Oct 2014

And why should kids have to suffer? Is it their fault if one if their parents was cheating?

Darkhawk32

(2,100 posts)
94. The husband doesn't usually ask (or granted if they ask) alimony anyway.
Tue Oct 28, 2014, 12:34 AM
Oct 2014

So that argument holds no validity.

And what do the kids have to do with alimony unless you're agreeing that child support in some instances IS a proxy alimony.

AndreaCG

(2,331 posts)
92. That's your opinion
Tue Oct 28, 2014, 12:33 AM
Oct 2014

And it's a pretty mean spirited one, especially if the woman is 50 or older, with out of date skills and likely to be discriminated against if hired at all. I think there should be a sliding scale based on how long the marriage was, with consideration for how readily the spouse (because this goes for stay at home men too) can be expected to find a job that supports themself. Also the working spouse should pay for retraining. Not necessarily at Ivy League prices, but tuition at a state or local college or vocational school to get the skills up to standard. And if the spouse is severely handicapped or ill or really old and can't work then alimony permanently unless they remarry.

Darkhawk32

(2,100 posts)
98. So, I should pay my ex-wife (who was a lazy sack the entire marriage)
Tue Oct 28, 2014, 12:39 AM
Oct 2014

her college tuition?


At any age, hell no. You knew what you were getting in to. There was no pre-arrangement of the sort. You're not entitled to that, no way, no how.

Temporary alimony to get a new place to live and get squared away and then, that's it. Plus, marital assets are split anyway. If you don't have marital assets, you probably can't pay alimony anyway, so what's the point?

kcr

(15,317 posts)
101. If you stayed in the marriage and let her stay home to raise your kids, yes.
Tue Oct 28, 2014, 12:41 AM
Oct 2014

Staying home to raise kids isn't lazy. If this wasn't an arrangement you wanted, you had choices, too. There is no law saying you have to agree to such an arrangement.

Response to kcr (Reply #101)

AndreaCG

(2,331 posts)
106. My goodness you're a bitter person
Tue Oct 28, 2014, 12:46 AM
Oct 2014

You had a bad marriage and want to punish your spouse so the rest of mankind should be able to do the same? No woman even an elderly, ill or handicapped one deserves to live in decent conditions? I'm damn glad I never met you much less married you.

kcr

(15,317 posts)
107. Isn't it ridiculous?
Tue Oct 28, 2014, 12:49 AM
Oct 2014

It doesn't matter what their circumstances are or if they end up in the poorhouse! EVERYONE MUST PAY!!!!

Darkhawk32

(2,100 posts)
109. I'm bitter because I don't think a husband should be on the hook forever (or near forever)
Tue Oct 28, 2014, 12:54 AM
Oct 2014

And again, you're guilty of not read either.

I'LL SAY IT AGAIN... SLOWWWWLY.

TEMP-O-RARY ALI-MONY OOOOOO....KKKKKKKK.

LONG TERM ALI-MONY.... NOOOO.

MAR-I-TAL ASS-ETS..... SPLITTTTT.

kcr

(15,317 posts)
110. They are almost never on the hook forever. This is a nonexistent problem being solved.
Tue Oct 28, 2014, 12:57 AM
Oct 2014

ANd it's being solved on the backs of spouses, usually women, who sacrificed their careers and are left in poverty. That is what happens when alimony isn't granted in those cases because of these reforms that weren't needed in the first place.

AndreaCG

(2,331 posts)
112. I read your post perfectly well
Tue Oct 28, 2014, 01:04 AM
Oct 2014

But I'm disagreeing with you, as is my right. You're saying temporary alimony only and permanent alimony no, under any circumstances. Even if a person (and unlike you I am including men who have been the one who stayed at home) can't find a job or is elderly, ill or handicapped and can't work. That's cruel and heartless. Not only am I glad I never met you, I'm even more glad you're not a family court judge.

treestar

(82,383 posts)
123. That's not the law
Tue Oct 28, 2014, 02:15 AM
Oct 2014

Maybe you think that's the way it ought to be; but it's not the law. The court decides by using formulas and accounting for the factors and it will not pass judgment on your ex wife the way you want them to. This is why people are such shits about their divorces. They don't want the other party to get a fair shot, they want the court to condemn them for their bad qualities.

bhikkhu

(10,718 posts)
165. I think in most cases individual circumstances and behavior outweigh any stereotypes
Tue Oct 28, 2014, 10:32 AM
Oct 2014

I always assumed that my wife would go back to college or pursue something useful when the kids got to school age; she basically refused to do either. For most of that time, I got up early to fix them breakfasts and get them ready for school, drove them to school, picked them up from school, and ferried them around to sports activities and so forth. I honestly don't know what she did with her days, except that she was basically angry all the time. To alleviate that, she cultivated drinking buddies and credit card debts (hidden from me), while I also cooked our dinners, did the dishes and kept the house up. While working as close to full time as I was able.

So she does find herself in her 40's with out of date skills, probably discriminated against in the job market, and no particular skills or ability to support herself, but its very difficult for me to feel sorry for her. I can't conceive of having so carelessly having spent an unplannned life, with no apparent effort at all toward self-support. All inclination to remain "married" ended long before the actual divorce - I had no interest in marriage to someone I couldn't respect.

Of course, that's one side of the story, and it wasn't all entirely bad, as is usually the case in divorce accounts. There's a good reason courts sort things out. I was fortunate in being able to manage things decently, I think, and in being able to cut the cord. I don't know how she will fare, but any help or guidance I would have had was always rejected. I would have happily paid for her to go back to college at one time, but the decision not to, and to remain jobless, was hers.

AndreaCG

(2,331 posts)
167. Yours is a more reasonable post
Tue Oct 28, 2014, 10:58 AM
Oct 2014

And you documented how much you took care of the children so I have much more sympathy for you. Sounds like you should have gotten custody.

Response to AndreaCG (Reply #167)

bhikkhu

(10,718 posts)
207. The kids love their mother
Tue Oct 28, 2014, 10:43 PM
Oct 2014

I wasn't going to go down the road of trying to break that, or potentially wind up in court having to enumerate her flaws and justify taking them. I can't even imagine how miserable that would have been for me, much less for the kids. I have doubts all the time whether I could have done better for them, but "spilled milk"; decisions were made under difficult circumstances and the best is to try to move on with what we have. I'm also still aware enough that my side of the story is just one side (and I never actually heard her side of the story, though there must be one) that I don't talk about it much at all.

People are basically good, but sometimes face challenges they aren't up to, and sometimes make mistakes.

kcr

(15,317 posts)
211. Sounds like she was and probably still is depressed
Tue Oct 28, 2014, 10:55 PM
Oct 2014

Common when a parent stays at home. It's very isolating and easy to fall into the trap your ex did. It happened to me but luckily I was able to get help in part because my husband recognized what was going on and helped me snap out of it and things are much better now. But the first years were awful.

AndreaCG

(2,331 posts)
213. Good point
Tue Oct 28, 2014, 11:23 PM
Oct 2014

Mental illness is very easy to go untreated for many years. I'm bipolar and even with meds and a wonderful psychiatrist I still have mood swings. And now it's time to get offline cause it's way past the time he wants me off. 😃

 

lumberjack_jeff

(33,224 posts)
176. So how did you react when your husband ordered you out of the house and into paid work?
Tue Oct 28, 2014, 04:23 PM
Oct 2014

I mean if... as you are saying... wives obediently acquiesce to the household template demanded by their husbands, this must hold true personally, right?

Speaking for myself, my wife stayed home with the older kids when I had a good paying gig. When the youngest was diagnosed autistic and the good paying gig went away, I stayed home with him.

I don't think that any adult should be forced to work for another. They have a word for that: slavery.

Maybe this conversation is backwards. Maybe the alimony should be paid by those who benefited from a years-long sabbatical paid by the other, much the way one spouse may be ordered to pay reimbursement alimony to the partner who (s)he put through college.

 

seabeyond

(110,159 posts)
181. because you gave nothing in the partnership when you were SAHP and your wife worked? really?
Tue Oct 28, 2014, 06:03 PM
Oct 2014

see? i do not believe it for a minute. but, hey, if that is what you are arguing.

 

lumberjack_jeff

(33,224 posts)
183. Certainly no more than my wife was giving.
Tue Oct 28, 2014, 06:29 PM
Oct 2014

Working outside the house is at least as much a sacrifice for the family as staying at home is.

 

lumberjack_jeff

(33,224 posts)
186. So my contribution to the household while a SAHP...
Tue Oct 28, 2014, 06:33 PM
Oct 2014

... doesn't entitle me to a claim on her earnings if we were to divorce.

Her future earnings are not a marital asset. Parties to divorce should divide what they have, not what one of them is expected to have.

 

seabeyond

(110,159 posts)
187. i asked you, that yes, you gave as much as she gave, in this partnership. at this point,
Tue Oct 28, 2014, 06:36 PM
Oct 2014

you see equal, ergo, they should be equally divided. is that your position

 

lumberjack_jeff

(33,224 posts)
189. In my case it's simple. We both spent time as SAHPs
Tue Oct 28, 2014, 06:43 PM
Oct 2014

and now that the kids are either grown or don't require full time care, we both work part time doing things we like.

She makes more than me, but the difference is not huge and yes it is my position that (In nearly all cases*) the assets at the time of divorce should be split equitably.

*the only exception that I'd agree with is reimbursement, such as when one party worked to put the other through college.

 

seabeyond

(110,159 posts)
191. twice now, you still did not answer a simple question. because things are not equal at that point,
Tue Oct 28, 2014, 06:49 PM
Oct 2014

and you recognize it. because when a person steps out of the work force for two decades they lose something. and the person that stays in the work force for two decades they gain something.

that alone creates a fiscal inequality.

 

lumberjack_jeff

(33,224 posts)
194. You're not hearing me.
Tue Oct 28, 2014, 06:56 PM
Oct 2014

a) involuntary servitude to another is a bad thing.
b) the person who worked 20 years lost something even more precious.
c) grownups without dependent children, even people with significant disabilities, are expected to work. A husband (or wife) who shields their spouse from that expectation by shouldering the entire household burden is not exploiting the stay at home.

 

seabeyond

(110,159 posts)
195. so... reality does not matter, you have your position and unequal works for you.
Tue Oct 28, 2014, 07:30 PM
Oct 2014

disappointed, but ya, i am hearing you. not surprised in the least. just another of the few, i have read at DI and know, .... we do not agree on this at all.

i assure you, in hte future i will not bother you, as i really havent since you said we were damaged goods. it is clear what you think of women.

 

seabeyond

(110,159 posts)
198. for you to define is as slavery, really does not put you in a good light. i know you are
Tue Oct 28, 2014, 08:46 PM
Oct 2014

trying to be provocative here, yet it show the privilege position of being clueless what slavery is.

kcr

(15,317 posts)
208. Maybe employers can start using that flawed logic.
Tue Oct 28, 2014, 10:43 PM
Oct 2014

It's slavery to have to pay a wage against their will to those who provide them a service. After all, those people choose to show up at work. Employees should take responsibility for their choices. Corporate freedom to pay what they want, when they want, if they want to! I bet they could get Alito and Scalia on board, easily.

kcr

(15,317 posts)
212. Since we are in a thread about divorce, I would assume you would be aware that it exists.
Tue Oct 28, 2014, 11:05 PM
Oct 2014

No one has to ordered around. So, if one finds themselves married to a SAHM, one agreed to it.

 

lumberjack_jeff

(33,224 posts)
214. Let me get this straight.
Tue Oct 28, 2014, 11:43 PM
Oct 2014

A man who marries a woman who subsequently decides to stay at home should get out.... and pay alimony.

Does illogic have an academy award category?

kcr

(15,317 posts)
202. What about the determination of men? As I've asked before. Who made them marry stay at home wives?
Tue Oct 28, 2014, 10:28 PM
Oct 2014

Did someone hold a gun to their heads and tell them they had to have a spouse that stayed home?

 

davidn3600

(6,342 posts)
205. What if that wasn't brought up at the time of the marriage?
Tue Oct 28, 2014, 10:36 PM
Oct 2014

What if they get married, both have careers, and then the woman gets pregnant and wants to stay home?

You are assuming this is always all laid out in a well-designed plan before marriage.

kcr

(15,317 posts)
210. Who cares if it wasn't brought up at the time of the marriage?
Tue Oct 28, 2014, 10:45 PM
Oct 2014

Is there a law that says that once a couple is married, they each have to do what the other says? That they can't make decisions after the fact?

Skittles

(153,160 posts)
81. did I fucking say that?
Tue Oct 28, 2014, 12:24 AM
Oct 2014

I think any gal who depends on a man is a fool - heck , the opposite is true too

JustAnotherGen

(31,827 posts)
147. Our boomers who did not divorce
Tue Oct 28, 2014, 05:22 AM
Oct 2014

Will be facing this. Let's also add in - even college educated women who maybe took a few years off then entered the workforce in the 70's - were making faaaaar less than their male counter parts.

My father had retired when he died two years ago. Then mom retired last year.

Her Social Security went to his - so she receives the disparity income. It's an almost 1K difference per month. And she was an Exec VP of a hotel management company in the 1990's.

 

SheilaT

(23,156 posts)
87. You stay home for 25 years and raise the kids.
Tue Oct 28, 2014, 12:29 AM
Oct 2014

Staying home enables the man to have the career that earns him the good money. You stay home.

You never had a career of your own, just various jobs. So now you're 60 years old and divorced. You are not going to get a well-paying career position anywhere. Oh, you can get entry level minimum wage jobs, but a career? A job with a future? With good pay raises? Think again.

That's what happened to me. I fully deserve the alimony. Even then it's for a limited time only.

Not to mention he left me for someone else. If we still had fault divorce, I would have gotten considerably more than I did. No-fault hurts women, especially women like me, who stayed home, supported their husbands careers, raised the kids.

treestar

(82,383 posts)
124. Why shouldn't they be split?
Tue Oct 28, 2014, 02:16 AM
Oct 2014

That's considered fair in every state. It is either equitable, by factors, or strictly 50/50 in community property states.

laundry_queen

(8,646 posts)
108. Agreed.
Tue Oct 28, 2014, 12:51 AM
Oct 2014

I had a good bank job. But I moved to a remote community to support my husband's career. A community where there was no post secondary education so I couldn't take classes, and there was no decent childcare so when we had a child, I couldn't go back to work. I followed him from remote community to remote community which enabled rapid forward movement in his career. He climbed the corporate ladder and made 6 figures. Still does. However, when he decided to cheat and leave us, damn right I should be getting some alimony. And I don't think I got nearly enough - I got enough to get me through school. Now I'm making a poverty wage and he's still pulling in 6 figures and I have the kids 99% of the time. Sure I get child support, but it's not enough. My kids suffer because we have a much smaller house (townhouse actually) where everyone shares rooms (they never did before), no money to do anything fun, no money to think of a vacation. In the meantime, he goes on cruises every few months with his girlfriend, has new vehicles every 2 years and keeps our old home. If I had to do it over again, I never would've moved to a remote community with no childcare. I would've gone back to school part time and started working again as my kids got older. I would've kept my time away from work minimal, and filled in that time with some post secondary courses.

I can only hope because I'm 39 and not 60, and am starting my second career and I have a degree that I can at least climb out of this a little bit before I hit retirement age.

 

SheilaT

(23,156 posts)
115. I left out the moving part.
Tue Oct 28, 2014, 01:12 AM
Oct 2014

That kept me from completing college.

And marital assets are not necessarily split equally. And there is almost no way a woman getting a late start in a career is going to make six figures.

I was lucky in that our two sons were grown by the time we split. I honestly think more women should be willing to let the husbands have custody so at least they get to experience what it's like to juggle everything, or at least spend the kind of money needed for the sort of household help they have to hire to replace the stay at home mom.

laundry_queen

(8,646 posts)
117. Another thing
Tue Oct 28, 2014, 01:28 AM
Oct 2014

you said marital assets are not necessarily split equally. This is often true. However, people who say everything is split evenly often neglect to mention that includes debt. My ex racked up a bunch of debt, much of it I was unaware of (he made me a shareholder of his multiple businesses and took out lines of credit). I had to pay off some of it, despite the fact *I* wasn't the one who spent that money. We eventually agreed he could keep the house and I would be absolved of all the debt. He recently sold that house for $100,000 more than the total debt. Bad move on my part, but I was so scared of the debt.

I do let my ex have the kids as much as he wants. Sadly, that's not very often but he does live far away so it's not really his fault. He has to drive many hours to visit. I sometimes meet him halfway. Anyway, one time, several years into our split, after 1.5 weeks of having all 4 kids to himself (his girlfriend who was his usual crutch for childcare decided she was tired of babysitting and went travelling) he dropped the kids off with a "I have no idea how you do this ALL of the time. I can't do this. OMG, do they (the middle 2) always fight like this? And do they ever eat a LOT!" I did feel a bit smug, lol. It was his first taste of being on his own as a dad...even when we were together, he was uninterested in participating as a parent when the kids were little. He's respected me a lot more since, that's for sure.

 

davidn3600

(6,342 posts)
116. But that's not the way it works in 2014
Tue Oct 28, 2014, 01:22 AM
Oct 2014

Alimony originated in a time where women rarely worked outside of the home. So when divorces happened, women didn't have options that they do today and became very poor for failing to build a resume. Today, women are in the workplace. Women are becoming even more educated than men. Single women under age 30 out-earn their male counterparts. 40% of households have a female breadwinner. So the excuses are becoming outdated and staying at home is now a personal choice and not a necessity. The courts are starting to recognize that.

 

SheilaT

(23,156 posts)
118. And those same courts are cheerfully
Tue Oct 28, 2014, 01:32 AM
Oct 2014

screwing over women who are 60 or older, who never had a career and sure as hell can't establish one this late in the game.

kcr

(15,317 posts)
132. Yes. It's older women being hit hardest by this.
Tue Oct 28, 2014, 03:12 AM
Oct 2014

Women are in the workforce now, but the workforce doesn't guarantee a job, especially if you've been out of a job. Ask anyone who's been unemployed.

pnwmom

(108,978 posts)
111. Yeah, it's a great deal for the high income spouse. Not so great for the kids.
Tue Oct 28, 2014, 12:57 AM
Oct 2014

I knew a couple like this. He was a lawyer, and she had a high school degree. They shared custody, and he only had to pay some child support, no alimony.

On the weekends, the kids lived with the dad in a mansion in the city. During the week, in a trailer with the mother in the country. I couldn't understand how he could let them live like that, when he could have just bought them all a house to live in. What a jerk. And what a stupid system.

 

davidn3600

(6,342 posts)
129. If he provides a house, can he sell it when the kids turn 18?
Tue Oct 28, 2014, 02:46 AM
Oct 2014

Or will he still have to provide it for his ex-wife even when his kids move out and start their own lives?

And you wonder why so many men today don't want to get married anymore?

kcr

(15,317 posts)
130. And yet they do
Tue Oct 28, 2014, 02:57 AM
Oct 2014

I don't think anyone who would have no problem or feel any guilt doing that to their family should get married.

pnwmom

(108,978 posts)
140. Why should he? He was rolling in money. Don't you think his young adult kids would care
Tue Oct 28, 2014, 04:08 AM
Oct 2014

about the trailer they visited their mother in? It's not like they stopped spending time with her when they finished high school.

Who said I wonder why men don't want to get married? If anything I'd wonder why women would want to -- but my daughter married someone as wonderful as her dad.

 

davidn3600

(6,342 posts)
146. That's the thing right there...
Tue Oct 28, 2014, 05:11 AM
Oct 2014

Girls should be raised and encouraged to have their own careers so they can support themselves and not need to live under a man's umbrella. That's the cornerstone of feminism right there. The ideas that a man should always be there to provide creates a situation that women were in back in the 1800s where women started being considered property. A lot of women found themselves into some very bad situations.

 

seabeyond

(110,159 posts)
166. wrong answer. an adult is needed, but then you know that. you just like to sit with your
Tue Oct 28, 2014, 10:33 AM
Oct 2014

post ignoring things like real life, to dismiss womens issue. so par for the course. always and ever.... from the moment you stepped on this board.

 

davidn3600

(6,342 posts)
178. Women's issues to you is women being protected from accepting responsibility
Tue Oct 28, 2014, 04:49 PM
Oct 2014

It's ironic, isn't it?
If you are a stay at home mom, getting divorced, it's in your best interest to get a judge who is an old, conservative white guy because he has that archaic view of society where it's a man's job to provide for women. If you get a female feminist judge, you are going to get yelled at for choosing to not get a job for the past 20 years.

That's according to the post in the OP.

Once again, you seem to be on the side of the conservative and don't even realize it. It's a man's job to make sure a woman is provided for, correct? Do women have no responsibility for their own choices in life? If a woman decides she wants to stay home and a decade later the marriage is a bust, that's the man's fault she gave up her career? She has absolutely no responsibility in that decision, in your mind?

 

seabeyond

(110,159 posts)
179. what a fuckin bullshit, insulting, anti woman statement thru out your post.
Tue Oct 28, 2014, 05:41 PM
Oct 2014

the very basics in reality are not part of the equation, when conversing with you. hence, rarely do i address your anti women posts and insults, that you have repeatedly put up, with most all of us recognizing.

but, you really topped yourself on this post, once again, clearly showing us your lack of desire for any kind of level playing field. you leave out every major issue in the equation, to only hatefully make statements about women and feminists in particular. there are only a handful of posters on du, that seem to be here merely to make negative statements toward women on such a regular basis.

but do not even kinda think, that people do not clearly see your intent here.

kcr

(15,317 posts)
204. Why are the men/working partner protected from the same decision? Why no responsibility for them?
Tue Oct 28, 2014, 10:35 PM
Oct 2014

They benefited from that choice as well.

 

davidn3600

(6,342 posts)
217. Who benefited?
Tue Oct 28, 2014, 11:55 PM
Oct 2014

How does a man benefit by having a wife at home anyway?

Is there any research that shows men make more money when they have wives that stay at home compared to if the wives worked a career? Maybe there is some data you can point me to on that.

kcr

(15,317 posts)
218. Seriously?
Tue Oct 28, 2014, 11:57 PM
Oct 2014

He doesn't have to pay for childcare. Do you know how much daycare costs? He doesn't have to ever worry about taking off work early to go pick up a sick kid from day care. That's a big one. Ask working parents about that one and how much they worry about how it affects their career. When a kid is at home with the spouse and they're sick, the other parent is worry free in that department. How do they benefit? Are you kidding? When they're older, SAHP can field all the calls from the school as well.

 

davidn3600

(6,342 posts)
222. In exchange for possibly lifetime alimony? Not a bad deal, really
Wed Oct 29, 2014, 12:18 AM
Oct 2014

Surprised more men don't volunteer to be a SAHP. Most men would gladly answer calls from school and pick up the kids if it means they didnt have to work another day of their life.

kcr

(15,317 posts)
223. No one is stopping them, dude. In fact, there are more SAHDs.
Wed Oct 29, 2014, 12:23 AM
Oct 2014

And they don't get lifetime alimony either because almost no one does. That is a relic from the past. It exists now as a scare tactic used to get rid of what meager alimony still exists. It's an argument to screw over SAHPs in divorces.

 

seabeyond

(110,159 posts)
237. how does a husband benefit with a wife staying at home? seriously? if you can actually ask that
Wed Oct 29, 2014, 09:58 AM
Oct 2014

question, i have learned more about you in this moment than your anti women ways since you came on this board.

either your are very naive, not a thinker, or very very young and inexperienced, that you cannot figure out all the many many advantages to a worker, having someone at home to take care of all the personal life of the worker, not interfering with the work.

people that do not have a stay at home has everyday life interfering with their work and making demands on their down time. not the same with a worker with a stay at home.

and ya. there are plenty of studies out showing the worker with a stay at home has a huge legs up on their competition in the workforce and excels past the worker whose personal life interferes with work and makes demands on personal time.

but wow. for you to actually ask that question, i now have to ask, how old are you? you sound very young lacking in experience and insight.

Violet_Crumble

(35,961 posts)
139. Isn't there a division of assets and property when a couple splits?
Tue Oct 28, 2014, 04:00 AM
Oct 2014

We don't have alimony here, and I find the concept a pretty outdated thing. When a married couple divorces, or more commonly, a defacto couple breaks up, there's a split of their assets and property. That includes any retirement savings (we call it superannuation here). We have child support, which I got for my daughter until she turned 18.

If the US system ends up with property and assets not being split, then there's something wrong with the system that needs fixing. I don't think living off the income of a former partner is the solution. I get why alimony existed back in the days when women were made to leave their jobs when they got married (my grandmother's era) or were pregnant (my mum's era), but nowadays? I've got friends who've just had a baby and they're sharing a year on, year off arrangement from work until the baby starts school. That way neither of them ends up with huge breaks in their careers. I was a single mum and never had any choice in the matter. I had to work, and I went back to work when my daughter was 8 months old, and while I sometimes hated work, I really missed it when I was off for that long.

kcr

(15,317 posts)
141. The US does not have much in the way of social safety nets
Tue Oct 28, 2014, 04:10 AM
Oct 2014

So when a spouse stays home to raise a child and then gets divorced they can end up in serious poverty because they've been basically unemployed for years. Many employers here look at such a huge gap unfavorably and do not hire. edit I thought you wre responding to OP generally.

pnwmom

(108,978 posts)
142. He was a lawyer who knew how to work the system,
Tue Oct 28, 2014, 04:11 AM
Oct 2014

and the state they lived in gave him a lot to work with. His threat to fight for full custody is what made her afraid to fight for monetary assets.

So his kids got to live in a trailer when they were with her.

Kalidurga

(14,177 posts)
114. So this is what institutional slavery looks like...
Tue Oct 28, 2014, 01:09 AM
Oct 2014

I suppose it is even worse when it's a live-in arrangement....

treestar

(82,383 posts)
121. Baloney, show me a state that has actually changed its law
Tue Oct 28, 2014, 02:11 AM
Oct 2014

Alimony is based on factors, one of which is contribution as home parent. That makes it more likely the person will get alimony.

 

SheilaT

(23,156 posts)
158. A few years ago Kansas changed the formula they used
Tue Oct 28, 2014, 09:11 AM
Oct 2014

to calculate the spousal support required. To a lower percentage. I know. That was how my ex was able to claim hardship (despite about 2 million dollars in cash assets) and reduce my support by two thirds. And trust me, it wasn't that great to begin with.

treestar

(82,383 posts)
159. . . .
Tue Oct 28, 2014, 09:48 AM
Oct 2014

Could not find Kansas', but here is one state statute:

§ 1512 Alimony in divorce and annulment actions; award; limitations.

(a)?The Court may award interim alimony to a dependent party during the pendency of an action for divorce or annulment.

(b)?A party may be awarded alimony only if he or she is a dependent party after consideration of all relevant factors contained in subsection (c) of this section in that he or she:

(1)?Is dependent upon the other party for support and the other party is not contractually or otherwise obligated to provide that support after the entry of a decree of divorce or annulment;

(2)?Lacks sufficient property, including any award of marital property made by the Court, to provide for his or her reasonable needs; and

(3)?Is unable to support himself or herself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that he or she not be required to seek employment.

(c)?The alimony order shall be in such amount and for such time as the Court deems just, without regard to marital misconduct, after consideration of all relevant factors, including, but not limited to:

(1)?The financial resources of the party seeking alimony, including the marital or separate property apportioned to him or her, and his or her ability to meet all or part of his or her reasonable needs independently;

(2)?The time necessary and expense required to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment;

(3)?The standard of living established during the marriage;

(4)?The duration of the marriage;

(5)?The age, physical and emotional condition of both parties;

(6)?Any financial or other contribution made by either party to the education, training, vocational skills, career or earning capacity of the other party;

(7)?The ability of the other party to meet his or her needs while paying alimony;

(8)?Tax consequences;

(9)?Whether either party has foregone or postponed economic, education or other employment opportunities during the course of the marriage; and

(10)?Any other factor which the Court expressly finds is just and appropriate to consider.

(d)?A person shall be eligible for alimony for a period not to exceed 50% of the term of the marriage with the exception that if a party is married for 20 years or longer, there shall be no time limit as to his or her eligibility; however, the factors contained in subsection (c) of this section shall apply and shall be considered by the Court.

(e)?Any person awarded alimony has a continuing affirmative obligation to make good faith efforts to seek appropriate vocational training, if necessary, and employment unless the Court specifically finds, after a hearing, that it would be inequitable to require a person awarded alimony to do so:

(1)?At any time, due to

a.?A severe and incapacitating mental or physical illness or disability or

b.?His or her age, or

(2)?Immediately, after consideration of the needs of a minor child or children living with him or her.

(f)?A party who has in writing before, during or after the marriage waived or released his or her right to alimony shall have no remedy under this section.

(g)?Unless the parties agree otherwise in writing, the obligation to pay future alimony is terminated upon the death of either party or the remarriage or cohabitation of the party receiving alimony. As used in this section, "cohabitation" means regularly residing with an adult of the same or opposite sex, if the parties hold themselves out as a couple, and regardless of whether the relationship confers a financial benefit on the party receiving alimony. Proof of sexual relations is admissible but not required to prove cohabitation. A party receiving alimony shall promptly notify the other party of his or her remarriage or cohabitation.

13 Del. C. 1953, § 1537; 57 Del. Laws, c. 540, § 2; 59 Del. Laws, c. 350, § 1; 61 Del. Laws, c. 365, § 11; 62 Del. Laws, c. 168, § 2; 66 Del. Laws, c. 414, § 1; 70 Del. Laws, c. 186, § 1.;

 

SheilaT

(23,156 posts)
160. Kansas law is similar.
Tue Oct 28, 2014, 09:53 AM
Oct 2014

Other than it didn't seem as if foregone economic opportunities was a consideration. Just length of time in marriage. I can't give you the exact wording, but I can tell you that I lost two-thirds of my support money, which ends in another two years anyway, when Kansas decided to change their formula.

treestar

(82,383 posts)
161. another one (Pennsylvania)
Tue Oct 28, 2014, 09:54 AM
Oct 2014

(a) General rule.--Where a divorce decree has been entered, the court may allow alimony, as it deems reasonable, to either party only if it finds that alimony is necessary.
(b) Factors relevant.--In determining whether alimony is necessary and in determining the nature, amount, duration and manner of payment of alimony, the court shall consider all relevant factors, including:
(1) The relative earnings and earning capacities of the parties.
(2) The ages and the physical, mental and emotional conditions of the parties.
(3) The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.
(4) The expectancies and inheritances of the parties.
(5) The duration of the marriage.
(6) The contribution by one party to the education, training or increased earning power of the other party.
(7) The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child.
(8) The standard of living of the parties established during the marriage.
(9) The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment.
(10) The relative assets and liabilities of the parties.
(11) The property brought to the marriage by either party.
(12) The contribution of a spouse as homemaker.
(13) The relative needs of the parties.
(14) The marital misconduct of either of the parties during the marriage. The marital misconduct of either of the parties from the date of final separation shall not be considered by the court in its determinations relative to alimony, except that the court shall consider the abuse of one party by the other party. As used in this paragraph, "abuse" shall have the meaning given to it under section 6102 (relating to definitions).
(15) The Federal, State and local tax ramifications of the alimony award.
(16) Whether the party seeking alimony lacks sufficient property, including, but not limited to, property distributed under Chapter 35 (relating to property rights), to provide for the party's reasonable needs.
(17) Whether the party seeking alimony is incapable of self-support through appropriate employment.
(c) Duration.--The court in ordering alimony shall determine the duration of the order, which may be for a definite or an indefinite period of time which is reasonable under the circumstances.
(d) Statement of reasons.--In an order made under this section, the court shall set forth the reason for its denial or award of alimony and the amount thereof.

 

davidn3600

(6,342 posts)
125. "It's ripping your heart out through your wallet"
Tue Oct 28, 2014, 02:25 AM
Oct 2014

"Divorce is expensive. I used to joke they were going to call it 'all the money', but they changed it to 'alimony'. 'It's ripping your heart out through your wallet."
-Robin Williams

SoCalDem

(103,856 posts)
131. "staying at home" is always a dicey proposition..
Tue Oct 28, 2014, 03:03 AM
Oct 2014

While it can be said to benefit the kids, and make for a clean/tidy/cheerful home atmosphere, it also mean that Mom will have little if anything built up in her own social security account. If the husband makes a LOT of money, and stays married to her until he dies, she can always take his and whatever savings they have amassed, and can be comfortable....BUT

If he leaves (or she does) somewhere around age 40 (hers), and she has little if any paid-work experience, she may be couch-surfing in her old age.

Men at 40-something can easily (usually), hook up with a late 20s/30something woman with a job, and they can live quite comfortable, but the left-behind wife usually steps waaaaay down in lifestyle and never catches up...

This happened to a friend of mine, and while we joked about hiring a hit man before the divorce, it was surely no joke to her at her current age (61) and she is looking at a possible SS income of $761 a month.. Her lawyer told her she could file a claim for part of his retirement (they were married for 12 years).. They owned no house and the chump did pay child support, but when the youngest aged out, she had only her earnings to live in, even though 2 of the boys stayed on (paying rent sporadically).. She takes home $758 every 2 weeks.. Her rent is 950 a month..

merrily

(45,251 posts)
152. I wonder where the author of this article got her facts?
Tue Oct 28, 2014, 06:40 AM
Oct 2014

Did she really look into thousands of divorce courts all over the country?

Either way, if this is true, this is another disgraceful chapter in how US law treats (mostly) women and families.

I think/hope we can all agree that some men will be affected by this, but it is still mostly women who are the stay at home spouses and childcare givers.

The original intent of the parties would be honored more than this in a purely commercial context, not involving strong emotions on the part of the adults and not involving the well being of families, esp. families with children.




 

Sparhawk60

(359 posts)
153. My Ex Got Zip
Tue Oct 28, 2014, 08:09 AM
Oct 2014

My 28 year stay at home ex got zip when she decided to walk out on me and our children. And per Georgia law, if you commit adultery, or abandonment, then that was the only outcome the judge could give her.

I see it as a very equable out come, the one who breaks the contract pays the price, regardless of gender.

malaise

(269,005 posts)
155. But what if the wife stayed at home by choice
Tue Oct 28, 2014, 08:56 AM
Oct 2014

despite having a good college degree?
What if the husband let her manage the massive income that he brought home?
What if she blew hundreds of thousands of dollars shopping at high end stores?
What if she had 13 freaking credit cards?

What if as part of the divorce settlement she ended up with the house plus alimony.

Shit happens - I know this happened to a relative.

treestar

(82,383 posts)
163. The laws try to get the parties started again
Tue Oct 28, 2014, 10:00 AM
Oct 2014

on equitable terms. There's no punishment for behavior during the marriage.

Though Pennsylvania did allow "marital misconduct" as a factor, but it has to rise to the legal level of misconduct like adultery, etc.

Every divorcing spouse says the same thing, especially men about their wives. They all waste money. Every female divorcing spouse claims the husband is hiding his assets and has more than he claims.

The funny thing is they generally think this is something new the courts have never seen before. Rather, the courts have heard it all 1000000000 times before and it falls on deaf ears. They want to divide the property and get these people on their way, not listen to tirades of who it is that should be punished.

 

lumberjack_jeff

(33,224 posts)
197. You're on the wrong narrative.
Tue Oct 28, 2014, 08:03 PM
Oct 2014

Get with the program. Wives don't have or make choices. They are in bondage to kitchen and nursery until, too aged and exhausted to work they are cast out into the cold, without recourse to any marital assets, education or work. It is thus the former husband's responsibility to care for her as a hostile dependent until the end of their days, or until she finds someone else to shoulder the burden she represents.

Alimony is apparently how society combats patriarchy and creates equality.

 

seabeyond

(110,159 posts)
201. of course there are bad bad women. i am sorry i did not put that forefront in each
Tue Oct 28, 2014, 09:40 PM
Oct 2014

of my posts. i only clarified that in the first of my posts. each divorce has its own flavor with its own unique issues to deal with.

sometimes bad bad women will fuck over nice men.

do you all feel better?

but, that really is not the issue. it goes beyond the bad bad women. and even the bad bad men. or the good men, and the good women that simply do not want to live together anymore.

 

lumberjack_jeff

(33,224 posts)
216. It's not about bad women. It's about bad society.
Tue Oct 28, 2014, 11:46 PM
Oct 2014

It's about clinging to the convenient parts of the patriarchy and calling it feminism.

 

boatsfra

(23 posts)
226. Military men? READ THIS AND DUMP LAZY ASSESS before it's too late!
Wed Oct 29, 2014, 01:11 AM
Oct 2014

10-10-10 rule gets ex wife 40% of retirement pay forever!
I was married for 18 years...she never worked outside home
In the military for at least 10 years and
were married for 10 while I was active duty.
I retired at 20+ years
She gets 40% forever.
FOREVER?
Can someone explain this crock of shit to me?
Who wrote this fucking law?
Can it be repealed?
9 years married?
GET OUT!!!!!!!!

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