Two years ago, a law was signed that eliminated most lifetime spousal support. Who gets alimony and for how long has a completely new formula that is designed to be fair for everyone. However, some ex-spouses say the new rules have created a hardship that is unfair and unjust. They told the court last July: “I was served a paper telling me he was taking me back in order to reduce alimony or abolish it,” Kinsman said. In March of last year, Kinsman lost all child support and no health insurance. “I think it's a sin to treat people like that. “They'll have the opportunity to know that their support payments have to end at some point, regardless of whether they did.” “They have to get back into the workforce or with the money “You should deal wisely with the amount you receive during this time,” said family lawyer Rachel Engdahl. Maintenance payments now depend on the length of the marriage. And they end with retirement. Kinsman's husband retired at age 67 and then went to court to change his support agreement. She said the new law is failing seniors: “This wasn’t intended for someone in my age group. It's for my 45 year old daughter who is out there. It's for people who have college experience. There's no telling.” “These women who expected they would receive alimony their entire lives are now being told that may not happen,” Engdahl said. Judges have the discretion to continue payments for need-based or other purposes. Reasons: “If the judges are presented with good reasons for this maintenance to continue beyond retirement age, that is a possibility,” said Engdahl. But that didn't happen in the Kinsman case. She said she is lucky to own a home but wonders why seniors are denied the security they were promised so long ago. “Whether the law is unfair or not, I think it should be grandfathered in. Will people in their 80s and 90s be hit by this?” she said. This year will set a precedent as judges rule on a flood of alimony adjustment cases. But advocates say the law is a necessary reform that allows both spouses to to move on with their lives emotionally and financially.
BOSTON –
Two years ago, a law was signed that eliminated most lifetime spousal support. Who gets alimony and for how long has a completely new formula that is designed to be fair for everyone. But some ex-spouses say the new rules have created a hardship that is unfair and unjust.
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Jacque Kinsman is 70 years old, mother of three and divorced since 1996. She received lifetime alimony payments from her ex until she went to trial last July.
“I was served a paper telling me he was taking me back to reduce or eliminate child support,” Kinsman said.
In March of last year, Kinsman lost all maintenance and health insurance.
“I think it’s a sin to leave people like me out there like this,” she said.
The maintenance reform law, which came into force last year, was intended to promote self-employment.
“They will have the opportunity to know that their support payments must end at some point, whether they need to get back into the workforce or be wise with the money they receive during that time,” said family attorney Rachel Engdahl.
Maintenance payments now depend on the length of the marriage. And they end with retirement.
Kinsman's husband retired at age 67 and then went to court to change his support agreement. She said the new law is failing seniors.
“This wasn’t intended for someone in my age group. It's for my 45 year old daughter who is out there. It's for people who have college experience. This is not about burdening grandmothers and grandfathers with government assistance,” Kinsman said.
“These women who expected they would receive alimony their entire lives are now being told that might not happen,” Engdahl said.
Judges have discretion to continue payments for need-based or other reasons.
“If the judges are presented with good reasons for this maintenance to continue beyond retirement age, that is a possibility,” said Engdahl.
But that didn't happen in the Kinsman case. She said she is lucky to own a home but wonders why seniors are denied the security they were promised so long ago.
“Whether the law is unfair or not, I think it should stand. “Are people in their 80s and 90s affected by this?” she said.
This year will be precedent-setting as judges decide a flood of alimony adjustment cases. But advocates say the law is a necessary reform that allows both spouses to move on with their lives emotionally and financially.
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