Tuesday, March 13, 2012

Let's get this party started!

Tom and I finally found people focused on this issue enough that they have established a grassroots organization: OAR, which stands for Oregon Alimony Reform.  We have a Facebook page www.facebook.com/oregon.alimony.reform as well as a website: sites.google.com/site/oregonalimonyreform

We have met with several legislators and are finalizing our goals that will be put into proposed legislation.  Major points include:
  1. Alimony terminates upon retirement of payor
  2. Alimony will be limited by amount based on percentage of income differential (we are aiming for 30%)
  3. Alimony to be limited by time (10 years maximum) 
  4. Compensatory alimony is modifiable
  5. If payor loses his or her job, they can get an emergency hearing for alimony suspension
  6. If payor remarries, new spouse's income cannot be considered in alimony proceedings. 
Our friends in Massachusetts made this happen and our friends in Florida almost got it passed last week.  Unfortunately for Florida, the bill was sponsored by a politician who hid his connections to the Florida Bar lobbying machine.  Although it passed overwhelmingly in the House, when it came time to put it to a vote in the Senate, this politician (Senator Diaz de la Portilla) hijacked the bill that he sponsored and refused to bring it to the floor for a vote.

It turns out Senator de la Portilla is law partners with the main lobbyist for the Florida Bar Association, which is waging an all-out war against alimony reform.  Why would the Florida Bar Association fight reform?  

Simply put, the uncertainty surrounding current alimony laws in many states, including Oregon, is a financial windfall for divorce practitioners.  Since there are no support guidelines such as those used when determining child support, and since judge's rulings are highly arbitrary and vary wildly from case to case, the subject of alimony is heavily litigated.  Obviously, the more the parties battle over alimony, the more the divorce lawyer earns, thereby depleting the funds of the family and leaving many people in ruin.

Here in Oregon, we are organizing a grassroots movement to reform alimony laws and level the playing field.  The times have long since passed that women are unable to compete in the workplace and raise a family at the same time.  I know, because I do it.  If a husband and wife want to have a marriage in which the wife agrees she will stay at home forever and never have a career, I encourage those couples to have a contractual agreement that provides for alimony should the parties divorce.  But the state should not be involved.

Karl Marx famously said "from each according to his ability, to each according to his need."  Alimony is the perfect illustration of Marxism in action.  In this economy, only those who pay suffer financial downfalls.  Alimony recipients, many of whom are college educated, working, and have large sums of money in the bank, suffer no such decline.  If the parties were still married, they would incur the financial losses together.  Now, only one party experiences the discomfort of a loss of income.  

If you have found this blog and have a horror story to share, please email it to alimony.reform.oregon@gmail.com.  Watch this space, things are happening!



1 comment:

  1. Hi, I commend your initiative and am happy to help if I can. We live in CA, but my husband's divorce is in oregon.

    One comment, on income differential...it would be nice if, for permanent alimony, if you don't get the clause of ending permanent alimony at 10 years (which I don't think you will)...or at 65, that it is at least reduced by the amount of Social Security collected and that we don't have to keep an insurance policy in place after that time. We pay $500 a month for insurance since my husband has had a heart attack...and at the moment, both go on forever.

    Appreciate your effort. I do agree this is a national issue and there should be state chapters. Would be good if we could get reform funded by some high-profile, high rollers...eg folks like michael douglas (who's been a victim of this) ...

    ReplyDelete