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Space Shuttle Sinks, Florida Alimony Wars Soar

Posted: 08/29/11 05:00 PM ET

The end of the 30-year-old Space Shuttle Program is old news, but every layoff hits every worker and every family hard when the pink slip finally comes. And a new round of layoffs is scheduled for October.

The folks who lose their jobs at the Kennedy Space Center have a special burden that those at the Houston office don't. In Texas, alimony is limited to three years after a 10-year-long marriage. In Florida, family courts are heavily biased against men, and much of the alimony that's doled out, even to women in their 30s and 40s, is permanent. There's an industry of attorneys who only represent men, including Mens Divorce Law in Orlando. It's the boys vs. the girls from the get-go, and the prevailing attitude is that men are sugar daddies and women are helpless.

Ninety-seven percent of alimony payers are men. In rare cases in Florida, when women are ordered to pay alimony, it's invariably short-term.

Walking papers in hand, laid-off workers must return to divorce court, plead for relief in their alimony payments, and hope against hope that it's coming. It helps to show up with a lawyer, and it helps to expect the worst. A judge told a petitioner several years ago that he should have been saving money for alimony in case he lost his job.

One laid-off worker already filed court papers. What should be an ordinary adjustment escalated once his ex-wife claimed that he, a lead engineer on 100 Space Shuttle launches, quit work voluntarily. Her lawyer is demanding three years of pay stubs and bank statements--and threatening to plunder his 401K for her legal fees. He fears the worst; he declared bankruptcy after his divorce. His attorney wanted--and got--$10,000 up front.

For him and other payers, there is no automatic end to or reduction in alimony, even at retirement, even when the payer is disabled or retirement is required, as with airline pilots. Couples divide marital assets, including pensions--or judges divide them, often giving women more than half--and the payer is expected to work forever or use his assets to pay alimony, even though the ex has gotten her fair share. A payer's new wife can even get embroiled when the ex-wife makes a claim on her resources.

Payers are afraid to tell their stories because they're ashamed, don't want to hurt their children, and because going public might hurt a court case.

Last year, the Florida legislature made a few changes in the laws, and cut down on the wholesale awards of permanent alimony to all, but did nothing to protect people who want or need to retire, and nothing to help the thousands of payers already burdened by crushing debt, with no light, ever, at the end of the tunnel. This year, a grassroots organization, Florida Alimony Reform, is pushing for real change. Opposition will come from the Florida Family Bar, a powerful force in state politics.

Florida citizens - and certainly those who served the Space Shuttle so well - don't deserve to be punished twice, with job loss and another expensive, unnerving trip to divorce court.

As the Space Shuttle sinks, Florida's alimony wars are set to soar.

This appeared originally in the Good Men Project magazine.

Elizabeth Benedict is a novelist, journalist, and college essay coach who wrote the Boston Globe op-ed that ignited the reform movement in Massachusetts. For a copy of the op-ed, please send an email: info@elizabethbenedict.com.

 
 
 
 
 
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Ed Baker
Militant Moderate
02:40 PM on 09/19/2011
It's laws like these that make men set themselves on fire on the courthouse steps.

Bottom line straight guys - DON'T GET MARRIED OR COHABITATE WITH A WOMAN.

The legal peril that you place yourself in is outrageous.

If you want to have children, hire a surrogate - you'll get to keep your children until they reach the age of majority. They won't be used as a pawn or a paycheck. The cost of some very fine East European surrogates is very affordable, and much cheaper than a marriage, divorce, alimony, and child support.
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Mr Bobo
Warriors, come out and PLAY-AY!!
09:13 PM on 09/14/2011
I've been reading through the horror stories on the FloridaAlimonyReform.com website and my jaw is hitting the floor! Are the judges in the Florida family court system especially stupid (bottom third of their law class) or are they so jaded and angry from listening to divorce cases that they just phone it in with random awards that defy all logic?
09:56 PM on 09/07/2011
Men's Divorce Law in Orlando - Please check the rating of this firm and it's attorney as you just might be surprised at what you find. A good start would be ripoffreport com and lawyerratingz com. Anyone contemplating divorce should do their homework diligently before hiring any lawyer.
10:47 PM on 09/04/2011
So what this woman accused her husband of quitting his job? People make all kinds of accusations when they are divorcing for all kinds of reasons, including general paranoia and fear. I don't see how it follows that because she made the accusation that we automatically assume that it's the truth and no judge would either. As far as alimony goes, the judge is probably looking at the very realistic problem of a woman, going into a workforce she's never been in before. Even for professional woman it's hard, a woman loses one third of her earning power for every year she leaves her career to raise a child or any other reason (You can look that up in the Harvard Business Review, they did a study).

A man can return to the life he had before he was married. It is not the same for a woman, she is older, which may limit everything from childbearing to dating options, now has children making her emotionally and economically vulnerable; to expect her to just pick up and find a job that can realistically meet the needs she has had for the last so odd years is just unreasonable. While it would be nice if women were adequately economically rewarded for all they do, there is no reason to "reform" laws and punish some women will not or cannot live in the feminist denial fantasy that men and woman are exactly alike and have the same needs.
11:00 AM on 09/03/2011
Cynthia Swanson fan

I am a volunteer divorce "therapist" I am not a therapist, I just help people sort through their emotions, post divorce.
Lifestyles change post divorce. This is reality. One woman I am trying to help is about to be completly screwed over by her ex. She was married for over 20 years, several children in the house, has never worked, in her mid-fifties, husband makes over $100,000.
Settlement; $400 a month alimony for four years, and $800. a month child support.

BTW the husband took money, deposited on a new house and is planning on foreclosing on her house ("buy and bail"). Her attorney advised her to take this offer.

Yes, she will get half of the 401K. There is not enough to have a house.
So, a woman in her mid-fifties in poor health is expected to get a job and support her children.

The man left her. She is completely devastated.

Let the hating begin.
12:42 PM on 09/04/2011
"One woman I am trying to help is about to be completly screwed over by her ex. She was married for over 20 years, several children in the house, has never worked,"

Wow, sounds like torture. Where can I sign up for such a "screwing"? Will she have to pay for back rent, food, and car expenses?

Why does not having to work entitle exes to more money? Do painters get more money if the job was easier? Thousands of Americans are dying violent deaths, due to these archaic laws. You sound gender biased, MB. Try reading Irishdoc's story below, and see if it changes your view. Unfair is unfair. Women should not get married with the idea of lifetime support unless they have it in writing. It is an indication of how biased our courts have become that a pre-nup should now be mandatory for any male getting hitched.
10:20 PM on 09/04/2011
Her ex was never home always working. She didn't have a bad life. They had a deal, he brings home the money, she takes care of the home and raise the kids. Now the kids are almost old enough to be on their own. He wants to split, keep all his money and allow her to fall into poverty.
I am a man and my ex totally screwed me over. I don't agree with people getting screwed over. I am trying to argue that it is not always black and white.
This woman didn't work, because of poor health and a decision to keep her home. She was a military wife, and they were always moving. She was faithful. Now he has decided to move on. Why does she deserve to be thrown into poverty?
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Mr Bobo
Warriors, come out and PLAY-AY!!
05:55 PM on 09/14/2011
Maybe she just had a crappy personality and he couldn't take it anymore?
10:03 AM on 09/02/2011
In response to Cynthia Swanson, Divorce Attorney in Gainesville, Florida:

First of all, the Florida Family court system is not gender neutral, although the courts went to great lengths a few years ago to give that outward appearance. That exercise simply consisted of reviewing statutes and rules to remove words like “he” or “she” and replace them with words like “they” or “them”. This was just a behind the scenes pencil whipping exercise and nothing changed in the actual courtroom. Proof of this is that virtually no women have been court ordered to pay life time alimony in Florida in spite of that many of them are high income earners. I am sorry Ms Swanson, but the Florida family court attitude is still stuck in the nineteenth century where women did not have much opportunity. The statue needs to be brought up-to-date in order to be fair to everyone and to stop the unbridled judicial discretion that has lead to wildly inconsistent orders in the state of Florida.

My question to you Ms Swanson is why would you be against updating the law to be fair to everyone? Could it be that you benefit monetarily due to the vagueness of the law?
01:28 PM on 09/02/2011
I am curious to know just how much she charges for her legal services. I'm sure she's very resonable, as she's obviously very ethical and concerned about the welfare of the good men of Florida. Just how much do you charge to sentence men to a lifetime of servitude, Ms. Swanson?
11:06 PM on 09/01/2011
What's needed in this world is a class action gender bias descrimination suit agaist the family court sytem.
08:49 PM on 09/01/2011
May I reply to the Gainesville, FL divorce attorney? Florida Family Law Judges have unlimited discretion as to what they can do to financial punish one spouse in a divorce, via lifetime alimony. Since well over 90% of all lifetime alimony has men paying the lifetime alimony, do not try to convince gullible readers that it is "gender neutral" just because a few women fall into that. Why should either spouse have to pay alimony for the rest of their life? That's a life sentence, and murderers often get less time. My ex-spouse is NOT disabled, she has a college degree, working on a 2nd degree, has a fulltime job, yet she demands $4000 per month lifetime alimony. This is insane! I've already paid her over $500,000 (and now the money is gone) so where where is the fairness?... since it never ends until one of us DIES. You want to know who is getting pushed into poverty? ME that's who. You have to wonder what kind of person (lawyer) makes a living off of the pain (divorce) of other people. WARN men everywhere to relocate to a different state than FL if they are thinking about divorce.
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HUFFPOST SUPER USER
LaFemmeSASE
08:29 PM on 09/01/2011
One laid-off worker already filed court papers. What should be an ordinary adjustment escalated once his ex-wife claimed that he, a lead engineer on 100 Space Shuttle launches, quit work voluntarily. Her lawyer is demanding three years of pay stubs and bank statements--and threatening to plunder his 401K for her legal fees. He fears the worst; he declared bankruptcy after his divorce. His attorney wanted--and got--$10,000 up front.

What is his ex-wife's side of the story? No article seems credible without the other point of view.
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HUFFPOST BLOGGER
Elizabeth Benedict
Editor: Mentors, Muses & Monsters
10:53 PM on 09/01/2011
Thanks for your comment. You complain because I don't include the ex-wife's side of the story. His ex-wife's side of the story - clear as day in the piece - is that she is alleging that a laid-off Space Shuttle engineer, victim of a 30-year-old government program that was killed, quit his job voluntarily and therefore (though I don't state it but it's implicit) is still obligated to pay her alimony at the same level of his salary prior to being laid off. This is clearly delusional thinking: that a victim of a massive government layoff - blasted all over the media for years - quit his job voluntarily.

This is the problem with permanent alimony: the recipient is never obligated to support him or herself, and when the circumstances of the payer change, through no fault of his/her own, the recipient is completely dependent and is never required to become independent. We don't make children dependent for life; why do we do it to adults?

FYI, alimony is very rare throughout the country, and permanent alimony is rarer still. Most states support transitional alimony, not permanent. Florida, NJ, GA, and MA are outliers.
10:58 AM on 09/02/2011
First and foremost, you will never hear from her. She sits pretty collecting her private welfare check every week while taking her Xanax and bar hopping. She absolutely refuses to work to support herself and her minor daughter. This is a very typical senario in Florida because the Florida court allows it to be so. Now, since Florida just passed a law that welfare recipients must get drug tested, perhaps the private welfare (alimony) recipients should also be drug tested.
07:16 PM on 09/01/2011
My alchoholic/crazy ex-spouse now owns me. I lose my house, 1/2 my pension, and 1/4 of my income. I still have to raise a teenage son who whats nothing to do with her. Because I was a fool and let her stay home for 10 years, I am financially ruined. I have no desire to go on, except for not letting my kids down. I hate my country and state for what they have done to me. Surprisingly, I'm not as angry at my ex, as I think she's crazy. I never had any run in with the law, and so never had previous run ins with attorneys. I now hate them with a passion. I am no longer a free man, and do not want my children to get married. It is an absurd institution. I never saw it coming. I am a fool.
08:36 PM on 09/01/2011
I understand how you feel -similar situation for me. I especially understand how you feel about your ex as this is similar to how I feel. Its the system of judges and lawyers that's lost. If they held everyone to be responsible instead of this crazy idea that people aren't capable of taking caring themself then things would be ok.
12:46 PM on 09/02/2011
Thanks, Bro. I usually feel better in the morning. I still can't believe the arrogance of the enabling attorney posting here. The whole court system is in bed with one another. Judges should not be ex-attorneys! My attorney charges $350 an hour, btw. It costs $75 when he responds to an e-mail. How can they look at themselves in the mirror after profiting from so much misery. They have to be deluded.

And my real beef, is why is any alimony even constitutional. I don't care how much I make, how does my future income become the property of someone I now despise, and am suppose to be legally seperated from? It's ludicris. It is guaranteed to promote violence, as the only way out for most is if their ex was to die. Divorced men have a suicide rate twice the national average. It's just not good law. It actually turns marriage into prostitution. What do you call a woman who charges you money after you're finished having sex? An ex-wife.

Thanks again for caring. I do hope you find peace.
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HUFFPOST BLOGGER
Elizabeth Benedict
Editor: Mentors, Muses & Monsters
04:22 PM on 09/01/2011
Ms Swanson: Part 2 of my comment. I have read the "horror stories" on the Florida ALimony Reform website, and I believe it says that because the people are in constant danger of having to return to court, as is the case with permanent alimony, people won't give their names. Maybe you can contact the organization to verify the stories.

Also, Florida divorce law is "no fault," which means that alimony is awarded regardless of the faults of either party. So there is no "wronged" party. Yet you refer to the "wronged" spouse. A woman in Florida may commit leave her marriage for another man and be awarded permanent alimony. Who is wronged here?

Also important: A new provision of the FLorida law says "An award of alimony must not leave the person paying the alimony with significantly less income than the person receiving the alimony – unless there are exceptional circumstances." That's extraordinary! Why does there need to be this law? It must be because sometimes in FL the payer of alimony is left with SIGNIFICANTLY LESS than the recipient. The payer, who must work and give away a chunk of money until death every month, is sometimes/frequently/whatever left with LESS THAN the person getting the money, who is not obligated to ever become self-sufficient! Who is wronged here?
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irishdoc
It's not me..it's you. Really
02:45 PM on 09/01/2011
The payment of spousal support is just another coffin in the institution of marriage. I will likely never get married again because I do not want my future husband to become bound in any way to my current husband. Already, our new family has been damaged by the alimony award currently in place. When I was pregnant with new child, the judge still demanded I pay alimony despite the fact that my OB had stated that I needed to be on bed rest. Although alimony was suspended for 12 weeks after my C-section, my judge fully expected me to go back to work full time afterwards so that I could support a man that has not worked in over a year. It's a disaster in family courts. Bot me and my ex are young, in our thirties, and it was a marriage of six years. However, the scars from all this will impact my future relationships, and my career choices for the foreseeable future. I can no longer do non-profit work. I have no desire for promotion as it will only increase the amount of money I pay.
All because I got married.
12:50 PM on 09/04/2011
Dear Irishdoc,

I am so sorry. I am a dad of a very smart young lady who wants to be a doctor, so I am especially touched. Please hang in there. A lot of people need you. If enough of us get the word out, perhaps justice will one day be restored. Be tough. Thanks for posting.
06:53 AM on 09/01/2011
I am a Florida attorney who handles many divorce and post-divorce cases, and I have to question whether this is an article written by a neutral journalist who actually did some investigation, or instead some type of paid advertisement for those pushing for so-called "alimony reform" in Florida. The actual fact is that Florida law regarding alimony is gender-neutral, and is mandated by the Florida Supreme Court to ensure that neither spouse pass from prosperity to poverty after a divorce.

The amount of an award of alimony is left to the sound discretion of trial judge who has the benefit of seeing the actual evidence of the payee's needs and the payor's ability to pay, and has actual evidence about the parties' lifestyle.

I really wish when I see stories touting some terrible alimony result that the reporter would contact that wronged spouse's ex-spouse and get that person's side of the story. I am sure it would be eye-opening. I have reviewed stories posted on the alimony reform website in an attempt to try to find the actual court cases of any of the posters, and have been unsuccessful. People don't give their real names, or their full names, so it could be anybody posting, or the same person posting over and over.

So, here's a challenge to actual journalists - try to get both sides of the story. Then, you'll really have a story, rather than an advertisement.

Cynthia Swanson, Divorce Attorney in Gainesville, Florida
09:49 AM on 09/01/2011
Ms Swanson, I don't know the facts about florida but to me it sounds just like what happens in NJ.
The Judges DO NOT CARE about the payor's ability to pay.. They just "impute" a monetary figure to the payor and in his words "pay or go to jail". When one man recently went back to court to try to get the amount of alimony lowered due to the effects of the economy, the judge stated "there's nothing wrong with the economy, don't tell me you're not making money and I don't believe your tax records". What planet is he living on?
I have no doubt that the florida judges are the same. WHY is the question? Is the divorce business so lucrative to the state ? All I know is that the payor's rights are not respected and nobody seems to care. People are not responsible to support their parents or their siblings but they are held responsible for someone that they were married to for a few years and for one reason or another have decided to divorce (usually it is the woman who files for divorce knowing that she can collect alimony). There is NO reason that a grown woman should not be required to support herself.
10:36 AM on 09/01/2011
Ms. Swanson,

I have a hundred questions I would like to ask you, but if you would please honestly answer just a couple, I think people will be enlightened as to the "gender-neutral" aspect of Florida law.

As we all know, what is actually implemented by judges in the courtroom is often different from the reading of the letter of the law.

- Please tell us, HONESTLY, how many female clients of yours are paying lifetime alimony? How many men?

- Please tell us, in your HONEST opinion, whether the courts are truly gender-neutral in their application of the alimony laws. Don't quote the law, tell us whether, IN YOUR ACTUAL EXPERIENCE, the laws are applied equally and fairly to men and women.

Thank you.
12:51 AM on 09/02/2011
You are correct -- In my HONEST experience, very few women are paying permanent alimony to ex-husbands. The rest of the question you didn't ask is "How many women earn 3 or 4 times as much income as their ex-husbands?" The LAW is gender-neutral. What is not gender neutral is the economic experience of men and women who have been married for many years, where one of them (how many times in your HONEST experience was it the husband?) stayed at home for 15 - 20 years or more to raise children, take care of the house, and so on. It is clear that in most cases, that stay at home spouse does not have the same ability to be self-supporting as the working spouse.

In Florida, courts can easily distinguish between a short term marriage where both spouses work, and maybe one only needs a short bit of help to get a new place to live and pay for moving expenses . . .and a long term marriage where one party stayed home for many years and has no presently relevant education or work experience. The former will not be awarded permanent alimony. The latter probably will be, assuming the payor spouse can afford to pay alimony.

In my 30 years of experience in the North Central Florida court system, I can HONESTLY say that the alimony law has been applied in a gender neutral way. Maybe you should all move to Gainesville. Go Gators!
11:37 AM on 08/31/2011
This is a example of why some Men treat woman unfair. In Family Court a dad has to FIGHT for Custody or Visitation rights while a Mom is granted automatic sainthood ?? Then you add Alimony for Life to the mix and it upsets the former husband.

I have 2 Teen dau's and they see and read the news, know how men get treated in Family Court, or women getting away with killing their kids. Until the Field is leveled for both Gender's there will be no equality and men when given a chance will never give a woman a fair break.

I know it's wrong to say these things, but Ladies Helen Gurley Brown and Gloria Stienem did you no favors. You want the same opportunities and chances, and a level playing field at work, you need to help us get rid of the laws and judges that bleed a divorced man dry and deny him his children. Until them be prepared for any action a guy can get away with
11:29 PM on 08/30/2011
A lifetime alimony award is just like hitting megabucks. Convince the judge that you should soak your ex for a few K monthly and you have just won the equivalent of a 1 to 2 million dollar jackpot. Even if your ex has done nothing wrong other than remain committed to the marriage and earn a living in a no-fault divorce. Or maybe the lesser earning spouse is at fault - so what - the breadwinner still gets punished financially. And of course, both parties will spend 10's of thousands or even 100's of thousands of dollars in legal fees to avoid or force payment of this multi-million dollar fine. So the lawyers win all money not tied up in a house of retirement plan, the judge gets to play "robin-hood" and the breadwinner is the deep pocket that finances this travesty of justice.