Michael Morgan only groans as his wife bathes his body, shaves his face and gently kisses his lips. A retired physician diagnosed with Alzheimer's disease 14 years ago, Morgan, 72, no longer walks or talks. His wife and full-time caregiver, Linda Morgan, makes sure he's fed and clothed, and that $25,200 in annual alimony is handed over to his ex-wife, a college professor he divorced in 1997. "What's sad is that this man who can't get out of bed is paying a woman who is working," says Linda Morgan, 61, of Lehigh Acres, Fla. Linda Morgan is part of a growing movement pushing for changes to alimony laws in several states.
In Michigan, when a person is requesting support from a spouse the divorce judge makes decision on the facts and circumstances of the individual case before the court. By law, each of eleven factors are evaluated by the court when awarding support. The individual who requests spousal support must allege facts sufficient to show a need for spousal support and that the opposing party is able to pay/afford support. The factors are; the past relations and conduct of the parties, the length of the marriage, the ability of the parties to work, the source of and amount of property awarded to the parties in the divorce, the age of the parties, the ability of the party to pay alimony from whom it is being requested, the present situation of the parties, the needs of the parties, the health of the parties, the prior standard of living of the parties and whether either is responsible for the support of others and general principles of equity. Like many states, the judge's decision, while based on many factors, is arbitrary. An attorney should be consulted when a case involves a request for spousal support or alimony. Spindler, Nausieda & Associates is well equipped to resolve or litigate these matters.
Massachusetts led the way, revamping its law last fall. The new alimony law creates different types of alimony with varying durations, depending on length of marriage and the finances of each spouse. The law also allows those paying alimony to modify their terms later and calls for ending payments if a recipient has a live-in mate or, in most cases, when the payer reaches retirement age. "I see this wave going across the country," says Steve Hitner, who started Massachusetts Alimony Reform in 2006 and is a consultant to other state efforts. "Most people who are stuck with these outrageous alimony payments think they got a bad rap, but in fact it was bad law." In targeted states, alimony laws are decades old. They were written when divorce was rare, and when most women did not work outside the home and faced possible impoverishment after divorce. The percentage of women in the workforce has grown to about 59% from 50.9% in 1979, and their median income has climbed steadily to about $35,000 a year from an inflation-adjusted $26,500 in 1979, according to the Labor Department. Advocates for changing alimony laws argue that they need to be updated to reflect 21st-century marriages. They say that judges have too much discretion in divorce settlements and often order higher-earning spouses to pay lifetime alimony to ex-spouses capable of supporting themselves. "There need to be limits to the duration of alimony and caps on the amount you pay," says Tom Leustek, 53, president of New Jersey Alimony Reform. "You could be married at 25, divorced at 35 and spend the next 50 years paying alimony. There should be consistent treatment across the board where you can predict what's going to happen based on law, not a judge's arbitrary decision." From: Yamiche Alcindor, USA TODAY, JANU ARY 18, 2012.
