To: President Donald Trump, The California State House, The California State Senate, Governor Gavin Newsom, The United States House of Representatives, and The United States Senate
Alimony Reform
Permanent alimony law needs to be abolished as it creates more issues than resolving a divorce. Make divorces a clean break with only a short-term rehabilitative form of alimony without creating constant financial entanglement for former spouses under the hood of spousal support or alimony. Not-at-fault spouses should not be penalized if their former spouses are unemployable, disabled, difficult personality that keep them from gainful employment. The state should have other social welfare programs for dealing with this after rehabilitative alimony period is over. Limit to support should have a definitive end date, no more than 1/2 marriage length capped at a maximum term of 5 years. 3 years average. 1 year max. with reported Domestic violence.
Why is this important?
SUPPORT self-sufficiency for the lower-earning spouse through alimony payments during a reasonable transition period.
MAINTAIN appropriate judicial discretion in order to fairly judge unique circumstances where the lower-earning spouse is physically or mentally unable to work, and thereby refer to social welfare programs after 2 or 3 years of alimony.
PROTECT second spouses from current case law, which requires judges to fully investigate second-spouses’ income/assets and then force the alimony payer to pay an increased amount of alimony to a first spouse based on a new “family income” – or face jail.
PROVIDE equal and consistent treatment, so that the outcome of an alimony case is not decided by the Russian Roulette selection of the family court judge.
CURTAIL expensive legal battles over vague alimony laws and interpretations.
END LIFELONG ALIMONY DEPENDENCY, ALLOWING BOTH PARTIES OF THE DIVORCE TO BE ABLE TO MOVE-ON AND LIVE INDEPENDENT LIVES
MAINTAIN appropriate judicial discretion in order to fairly judge unique circumstances where the lower-earning spouse is physically or mentally unable to work, and thereby refer to social welfare programs after 2 or 3 years of alimony.
PROTECT second spouses from current case law, which requires judges to fully investigate second-spouses’ income/assets and then force the alimony payer to pay an increased amount of alimony to a first spouse based on a new “family income” – or face jail.
PROVIDE equal and consistent treatment, so that the outcome of an alimony case is not decided by the Russian Roulette selection of the family court judge.
CURTAIL expensive legal battles over vague alimony laws and interpretations.
END LIFELONG ALIMONY DEPENDENCY, ALLOWING BOTH PARTIES OF THE DIVORCE TO BE ABLE TO MOVE-ON AND LIVE INDEPENDENT LIVES