Monday, August 15, 2016

Hopes for Alimony Reform

It has been a gratifying experience to be the head of the 2nd Wives and Partners Club of South Carolina. Our membership has grown exponentially, and we have demonstrated that permanent alimony unjustly burdens and sometimes even ruins the lives of women and children, not just men. Not only are there women in this state who pay permanent alimony, but permanent alimony can be as much as 1/3 or more of a person's income (even if the marriage was less than 10 years). This makes it impossible to save for retirement, to pay for your children's college education, to pay off your own student loans, or to retire. We even have at least one female member who has been court-ordered to contribute to the alimony payment of her husband's first wife (even though the husband was not found to be underemployed by the court). It is important to educate the public that permanent alimony is a gender neutral issue.

We are part of a larger movement all across the nation. Several states have already been able to reform their alimony laws, while others never had permanent alimony in the first place. I have spoken with many twenty-somethings and thirty-somethings who are shocked by the very existence of permanent alimony. The laws are just so antiquated that younger members of the workforce have a hard time grasping its place in the current economy. Their confusion is well founded. Permanent alimony has no place in today's economy in which both partners work. That said, the alimony reform bills proposed by SC Alimony Reform in 2016 would allow a judge to award alimony for an extended period of time, perhaps in extreme cases even permanently, if one spouse had stayed home with children for decades, while the other spouse worked outside the home. But in most cases, transitional alimony designed to support the lesser earning spouse while he or she re-enters the workforce (perhaps furthering his or her education) will provide a fair solution for all parties. In this way, individuals can get on with their lives, emotionally and economically. And this way, both parties are expected to plan for a reduced income in retirement.

Those who don't want to see permanent alimony change are those who benefit, for example groups of attorneys who make a living off of squeezing exorbitant fees out of vulnerable clients going through a divorce. They know that clearer guidelines through reformed laws will make cutthroat lawsuits less likely and mediation more common. However, there are many family court attorneys who recognize how skewed and outdated permanent alimony is, and they support reform. It is my hope that SC Alimony Reform will be able to work with them, as well as other groups, professionals, journalists, and lawmakers to bring our alimony laws into the 21st century. It simply cannot be that in this day and age permanent alimony is the most commonly awarded form of alimony in the state of South Carolina. But it is.

Don't be fooled by the misinformation opponents of reform proliferate. It is simply unconscionable to say that people can go back to court at any time and seek a reduction, when attorneys know that 1) it will cost you $5,000 at a minimum, and 2) your chances of success under the current laws are slim to none.

As for me, I will continue to support alimony reform, as I encourage others to step into some of the roles I've played. In the process, I have met individuals from all walks of life saddled with this burden, some of whom have suffered the loss of their homes and been unable to pay for adequate health care as a result. I learned how the political system works, including how easy it is for senators in our state to block legislation without having to provide justification. We cannot thank those who sponsored and supported our bills enough, especially Representative Jerry Govan, Senator Greg Gregory, and Senator Katrina Shealy.

Permanent alimony will end sooner or later. It just doesn't make sense, and eventually the twenty- and thirty-somethings will be the legislators. In the meantime, some of the old guard will continue to hold on to a status quo from which they benefit, regardless of how much it is hurting the citizens of South Carolina. Let's not wait for the retirement of those who have turned a buck in a broken system with decades-old laws. If you would like to see change, I encourage you to get more involved with alimony reform. If you want to see fairer laws, write editorials, write to your legislators, come to hearings at the State House, and consider other contributions you might make to help alimony reform succeed in this state. Alimony reform is a national movement whose time has come in South Carolina. 

SC Alimony Reform proposed a set of clear, fair bills in the Senate this year. Help make 2017 the year they become law.