According to a recent article in USA today, Connecticut groups have joined a growing movement to revamp alimony statutes that some consider out-dated and punitive toward the payors of alimony.
Advocacy groups, such as New Jersey Alimony Reform, cite anecdotal reports of onerous orders under which individuals have been forced to pay lifetime alimony despite job loss, failing health, or improvements in the financial circumstances of the recipient.
Reform proponents want, above all, to limit the duration and to cap the amounts of alimony by creating formulas tied to the income of the parties and the length of the marriage.
Opponents argue that strict formulas are likely to cause more injustice than they cure especially since judges already consider a range of equitable factors when fashioning alimony orders and need to be able to tailor awards to the needs and circumstances of each family.
In September of 2011, Massachusetts Governor, Deval Patrick, signed into law a new act that provides, among other things, specific term limits for alimony. The Massachusetts law also limits the amount of alimony to no more than 30% to 35% of the difference between the parties’ gross incomes at the time the order is issued. Under the statute alimony can be set below these caps especially if the recipient does not establish sufficient need. The new Massachusetts statute also allows the court to terminate, suspend or modify alimony upon a finding that a recipient is cohabiting with another adult — action that has long been permitted under Connecticut law in any case.
In contrast, rather than capping alimony awards, the Connecticut alimony statute mandates a case-by-case analysis of the issue based on a long list of factors including the length of the marriage or civil union, the causes of the breakdown, the age, health, and occupation of the parties, as well as their respective skills and earning capacities. This allows the court to project how the parties are likely to fare in the future, relative to one another, depending on the amount of alimony ordered.
In Connecticut, the group at the vanguard of the movement for alimony reform maintains a web site that is surprisingly non-specific about the ways in which members consider the existing Connecticut statutes to be defective. Instead, the group invites members to post so-called “horror stories” about their own cases.
To the extent that reform groups suggest that non-modifiable lifetime alimony is the norm, at least in Connecticut, they are misleading potential recruits.
Because Connecticut law generally allows for modification of alimony when the financial circumstances of the parties have changed, an agreement or order to the contrary must specifically preclude modification. While non-modifiable alimony orders are not altogether uncommon, they are most often the product of negotiations between the parties through which the recipient of alimony accepts a lower amount in exchange for a promise that the alimony will continue for a specified period of time.
According to the USA Today article, a bill concerning alimony reform is likely to be presented to the Connecticut General Assembly this year.
Because the issues are not simple, any effort at reform must be carefully considered. New legislation, if it is to bring positive change, should be thoughtfully drafted in a way that allows courts to address the legitimate concerns of both parties. Any reforms designed to protect the interests of one group without also safeguarding the rights of another will not satisfy that requirement, nor will changes that merely bring uniformity into the process without balancing the need for certainty with the overriding goal of treating all parties fairly.
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