So, I decided to tackle a topic that’s made me a bit uncomfortable and analyze it a little bit. I still don’t have my mind entirely made up, but after reading different perspectives, I do think I have identified what I agree with and disagree with.
First, here are the articles I have read to gain some perspective:
In favor:
https://sites.duke.edu/develledish/2011/02/08/is-alimony-unfair-not-so-much-try-feminist/
Against (with some in favor views):
http://www.thedailybeast.com/articles/2014/08/25/is-alimony-anti-feminist.html
http://www.forbes.com/sites/emmajohnson/2014/10/29/an-end-to-alimony-is-good-for-women/#46b8b5d42b4f
The main argument for alimony is that women make a lot of sacrifices during a marriage that prevent them from pursuing their own economic stability in the case of divorce, such as raising children and maintaining a household. While alimony laws have experienced a lot of reform to make them more regularized and consistent, people claim (predominantly men, but some women too) that they are unfair.
The current rule of thumb is to provide payments to the ex-spouse so they can keep their standard of living that they had when married. Yet, I have a personal disagreement with this. My mother, before she met my father, was a flight attendant who lived in a very small apartment in an “eh” part of town with a room mate, barely affording to eat more than two meals a day, and had very little money to spend on anything else. After she married my father, she had it made. She promised to pursue a career after I started elementary school, but went back on her word, choosing to be a stay at home mother, willingly giving up career opportunities. She chose to use my father’s economic stability (and surplus) as a crutch, and should he choose to initiate a divorce, she’d be rewarded for doing nothing economically resourceful with her life by earning near half of what he has accumulated all on his own. And she’d take it, too. And that doesn’t sit well with me.
People talk how gender norms coerce women into abandoning their careers to prioritize their husband’s career track, and that it’s more accepted/natural for women to stay home and raise the children.
But I don’t necessarily blame gender norms. I blame expectations of the couple. Both the man and the woman should sit down and discuss the different variables and how to handle them (children, unemployment, moving for work, going back to school, etc etc). I think if a woman wants to focus on her career and wants to have children, but the husband doesn’t want to stay home either, they need to see if they can afford a nanny. There are other solutions besides the woman becoming subjugated by society, but I feel like many couples take the easy way out by not thinking about them.
A female economist makes an important argument, that she depended on her significant other to support her (out of love) while she pursued a higher level of education, quitting her job to focus on her schoolwork. When he divorced her, she literally had no money of her own to depend on, and she needed alimony to survive. And I respect her need, and I think she does deserve a stipend in that case.
Honestly, I think the only way to make this fair is for situations like these to be formalized in contracts. They could have signed an agreement that her spouse will promise to provide x amount of dollars per month for x months during the time she was getting her degree, whether or not they remained married. That would eliminate the need for emergency alimony to be presented to the wife at the crisis of a divorce. Same goes for if the wife needs to stay home and raise the kids out of necessity. The couple should sit down and evaluate how much pay that translates into beforehand, and the husband should promise to maintain this pay in the case of divorce. That way, no couple is disadvantaged by the system – instead, they create their own rules before going into marriage, and both know exactly what to expect in the case of divorce. And if they can’t agree on something like that, maybe they shouldn’t get married in the first place.
It’s a dismal way of looking at marriage by considering the worst case scenarios, but I think the people who don’t even want to consider them are the ones who end up in them. Interestingly enough, Bill and Melinda Gates had an agreement like this. He promised her in the event of getting divorced, she would get compensated what she would have earned if she had continued on her career path (which is why she said no to him the first time he asked her to marry him, because she knew being married to a computer mogul would extinguish her career). And they’re still happily married.
Another female journalist said that the removal of alimony is the necessary push women need to start becoming financially more aware. Women, on average, are less aware of how to manage finances, how to make investments, and manage their cash. By having women know there is no (or perhaps, just a limited) safety net, they will become more proactive in their marriage and their careers, learning skills that will help them whether they remain married or not. It’s a bit of a harsh perspective (a lot like dropping a kid into a pool and hoping they’ll learn how to swim), but I think some of the points she makes are valid. If we want women to be educated and maintain some level of independence, it has to start somewhere, and alimony may be a good starting point.
Here’s what I think (thought it may be subject to change as time progresses):
-Alimony should never be life-long. I think it should be x amount of years, and slowly tapering off, until a woman can either be trained in a new profession by going back to school or other means.
-I personally don’t think it should be at exactly the same amount to mimic the economic conditions the woman enjoyed when married. While she was married, she performed services for the household, but after the divorce, she’s no longer providing any services to the husband. I’m not saying she should get minimum wage in comparison, but I don’t think the payment plan needs to focus on being super “cushy,” a fair amount for her to pay for necessities and perhaps a little extra for her to invest or save for something larger.
-Receiving alimony may also discourage women from re-marrying, and instead keeping their significant other as a boyfriend, so they can continue to receive money. That being said, there are probably many other ways to cheat the system and milk all you can out of your former spouse. Or, women can suffer a certain amount of years before waging a divorce, sticking with a loveless marriage just for the alimony. That’s kind of messed up.
I need to fine-tune these ideas a little more, but as an Accounting Major and a (probably) feminist, I think women definitely do need to take more financial responsibility, and consider separating the love in their marriage from the legality of it. You can have plenty of contracts and still love someone with all your might – the same way you don’t have to be married to be in love. But women shouldn’t use marriage as a scapegoat to avoid taking financial responsibility for themselves (like my mother did).