MINNEAPOLIS (WCCO) – Alimony, or spousal support, is a sensitive and emotionally charged issue for people on both sides of a divorce. It can lead to payers and payees playing off against each other.
Now the push for alimony reform has also reached Minnesota. A lawmaker wants to update the law, calling it outdated and some permanent payments unfair. And one man hopes his story will help bring Minnesota law into the 21st century.
“I was just a kid, I was 19 years old when I got married,” Michael Thomas said.
Thomas' first marriage ended in divorce after 20 years and three children.
“It's a painful part of life, it's difficult to talk about,” Thomas said.
What has become increasingly difficult for the dentist is what he agreed to in the divorce: permanent spousal support.
“Basically there are two parties. One party says, 'Hey, I have this government-guaranteed income for life,' and the other party says, 'Well, I have to pay until I die,'” Thomas said.
At the time of the divorce, Thomas assumed that alimony would be adjusted if circumstances changed.
A few years ago, Thomas learned that his ex-wife sold their marital home and bought a condo in Florida and was living with her fiancé.
Thomas learned that he still had to pay. A judge wouldn't reduce his $5,200 monthly payment.
“My point here is that parties that give money to another party should perhaps not support other budgets,” Thomas said.
Thomas appealed, and although the judge upheld the decision, he called the situation troubling.
“It comes down to fairness and abuse of the system,” said Rep. Peggy Scott.
Scott is leading the call for a change to Minnesota's domestic partnership law.
“If you abuse the system and just don't get married because you don't want the income to go away, then I have a problem with that,” Scott said.
Scott wants to adapt the law to better define cohabitation.
“Because the system right now says that as long as you’re unmarried, you get that spousal support or alimony,” Scott said.
“Cohabitation is a sensitive issue,” said attorney Mike Boulette.
Boulette believes there needs to be a broader discussion about spousal support.
“If one of the goals of spousal support is to compensate a spouse for the years invested in their ex’s career and earning ability, then why is it ending just because they have a new significant other?,” Boulette said.
Still, he calls the law outdated and says the days of the “Leave it to Beaver” family are over. Enter “Modern Family.”
“If we feel the law is no longer consistent with the way families look, we must turn to our legislature to make a change, not expect to see these victories in court.” said Boulette.
Thomas has moved on. He and Jennifer married almost ten years ago and started their own family.
“I have a 7-year-old and an almost 4-year-old and they both go 90 miles an hour,” Thomas said.
But he wants to make sure he and others like him have a voice, which is why he launched the website Minnesota Alimony Reform.
“It hits the core. A lot of times people don't want to talk about it because they've moved on with their lives and are living a happy life, which I do too. I just think it's a question of justice and stuff like that.” “That should be corrected,” Thomas said.
Scott originally introduced a cohabitation bill in the last legislative session. In the coming session, she plans to re-submit a bill to redefine cohabitation. She is working with the Minnesota Bar Association on the best language for the bill.
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