Just how long should one spouse be held responsible for the welfare of another after the couple has divorced? Five years? 10? 20?
More?
For Paul Taylor, it had been over 20 years since the divorce with his ex-wife Theresa was finalized. At the time, both agreed not to seek alimony in the future. Still, when Theresa fell into hard times, decades later, she was able to successfully petition a judge to order alimony payments.
Now, remarried and retired, Paul Taylor is responsible for paying $400 a week to his ex-wife. Recently, he declared bankruptcy.
It hardly seems fair, but at the same time, it's hardly an uncommon story.
Across the country, former spouses are being held responsible for supporting an ex-husband or wife — even in cases where the spouse receiving payment is fully able to support him or herself.
It is important to note that this is not the case in North Carolina and contrary to NC law, where a cohabitating ex-spouse cannot get support payments (alimony) from an ex-spouse. Additionally, in NC, an ex-spouse cannot come back later and sue for financial support; an alimony claim must be pending at the time of the original divorce in order for a claim to be valid. Also in North Carolina, the spouse receiving the alimony must demonstrate a need (unable to pay his or her bills) for support and be able to show that the person paying the alimony (ex-spouse) has the ability/financial means to make support payments.
States are Reforming Alimony Law
Some states are taking action to make alimony more reasonable. Legislators in states like Pennsylvania, New Jersey and Ohio are pushing for laws that would put limits on the mostly open area of alimony.
Another state pushing for change is North Carolina, though in a slightly different area of spousal payments. Over the years, North Carolina courts have awarded millions of dollars to victims of "alienation of affection," a charge levied against the lover of a cheating spouse.
In the past, the jilted spouse — husband or wife — could sue their spouse's lover for damages following a divorce. North Carolina law was recently updated to disallow the use of post-separation activities to show unfaithfulness. However, legislators still hope to remove alienation of affection lawsuits completely.
Other states have proposed:
- Putting limits on how long an individual is responsible for paying alimony
- Disallowing alimony if both spouses are on equal financial footing at the time of divorce
- Ending alimony if the ex-spouse receiving it moves in with a romantic partner
One of the main arguments for reforming alimony is that it is based on assumptions which are no longer relevant. When most state alimony laws were passed — about 40-to-50 years ago — it wasn't uncommon for one spouse to hold the role of main breadwinner. The laws were designed to help the spouse, historically the wife, who earned less or had given up a career to raise the couple's children.
Today, not only do more women work, but more fill the role of primary breadwinner. In many cases, both spouses are fully employed and able to support themselves. This was the case for Paul and Theresa Taylor, until she fell into hard times.
Unfortunately for Mr. Taylor, many states still hold an ex-spouse accountable for life. This means that, as circumstances change, divorce agreements may mean precious little.
