By Associated
Press
BOSTON -
Steve Niro got
married three
decades ago, but
divorced less
than five years
later. He’s been
paying alimony
ever since - and
there’s no end
in sight.
After Niro’s
youngest child
graduated from
college a few
years ago, his
child support
ended and his
remaining
alimony payment
was $65 a week.
But his wife
took him to
court for a
modification,
and a judge
agreed to
increase the
alimony to $700
a week, or
$36,000 a year.
Niro’s story
is one of many
expected to be
heard by
Massachusetts
lawmakers this
week as the
legislature
considers a bill
to reform what
critics call an
antiquated law
that allow
judges to grant
so-called
"lifetime
alimony."
"I could be
paying alimony
for the rest of
my life for a
4½-year marriage
when I was a
kid," said Niro,
now 53. "It’s
just unfair."
The state’s
current law does
not contain any
duration limits
for alimony, but
allows judges to
consider assets,
the length of
the marriage,
employment and
other factors
when deciding
how much a
spouse should
pay in alimony.
Divorce
lawyers say
Massachusetts
judges
frequently award
lifetime alimony
in both long-
and short-term
marriages,
creating
animosity and a
disincentive to
settle cases.
"The alimony
friction is
huge. It creates
stress and
tension, and it
filters down to
the kids. It is
a very, very hot
issue and has
been for years,"
said Denise
Squillante, a
family law
attorney and
president of the
Massachusetts
Bar Association,
which supports
the reform bill.
Most states
have done away
with lifetime
alimony - with
some exceptions
- considering it
a relic from the
days when most
women stayed
home and raised
children and did
not work outside
the home, said
Linda Lea Viken,
president of the
American Academy
of Matrimonial
Lawyers.
"Most judges
today expect
that both
spouses will go
to work," Viken
said. "That is
one of the
differences that
drives this.
That wasn’t the
view years ago,
but it is the
view now."
The law
proposed in
Massachusetts
would end
lifetime alimony
payments in most
cases and cap
how much one
spouse is
ordered to pay
the other. For
example, for
marriages of 5
years or less,
the maximum
alimony term
would be half of
the number of
months of
marriage, or 2½
years. For
marriages over
15 years, the
maximum alimony
term would be 80
percent of the
months of
marriage. For
most long-term
marriages of
more than 20
years, alimony
would end at the
retirement age
defined by the
Social Security
Act.
The new law
would also set
up various
categories of
alimony, such as
"transitional
alimony" for
people who need
job training or
other
assistance, in
an attempt to
limit the length
of time alimony
is paid.
Some spouses
who are forced
to pay alimony
for years say
they find it
ironic that
Massachusetts -
the first state
to legalize gay
marriage - could
have such an
outdated view of
alimony. The
current law also
allows judges to
consider the
income and
assets of second
spouses when
calculating how
much alimony
paying spouses
can afford, a
factor that
would be
eliminated under
the reform bill.
Stephen
Hitner founded a
group called
Massachusetts
Alimony Reform
about six years
ago after
becoming
frustrated with
his own alimony
payments. He
said that when
he first began
to lobby for
reform, many
people he spoke
to were
incredulous that
state law
allowed for
indefinite
alimony.
"The
legislators just
didn’t believe
that there was
lifetime
alimony, but
after so many
people stepped
forward with
their horrors
stories, they
started to get
it," he said.
Hitner filed
for bankruptcy
four years ago
after his
printing
business
suffered a
severe downturn
and he went to
probate court to
try to reduce
the $45,000 he
has paid his
ex-wife in
alimony since
their divorce in
1999. A judge
refused to
reduce his
payments.
"There is no
consideration
for the ability
to pay," Hitner
said.
© Copyright 2011
Associated
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Hitner's ex-wife could not be reached for comment. Previous attempts to modify the law have failed, but the bill now being considered has more than 130 co-sponsors and appears to have widespread support. State Sen. Cynthia Creem said the bill would allow judges to impose transitional alimony "for the short term instead of forever."
"I think that people shouldn't have to pay alimony forever and not be able to retire and not be able to change their situation. On the other hand, there are people who really need spousal support," said Creem, the Senate chair of the Judiciary Committee, which will hold a hearing on the bill Wednesday at the Massachusetts Statehouse.
The reform movement heated up in Massachusetts after the state's highest court ruled in 2009 that alimony payments don't automatically stop when someone reaches retirement age. The proposed law would end alimony at retirement age for long-term marriages and before retirement age for shorter marriages. Niro said he hopes the new bill will finally win approval.
"It really is imperative to put some structure and guidelines around alimony," he said. "I've seen people who have gone bankrupt. I've seen people thrown in jail (for failing to pay alimony). Something needs to be done."
© Copyright 2011 Associated Press