Skip to main content

View Diary: FL Teabag Legislator: Rich Men who Screw Around Will Now Be Protected (174 comments)

Comment Preferences

  •  Historically ignoring adultery was a FEMINIST idea (5+ / 0-)

    You may disagree with the policy, but eliminating fault was at least initially a feminist idea.

    The old fashioned divorce laws were based on fault and alimony.

    Fault meant you had to so something bad for your spouse to divorce you.  This meant that women (and men) were trapped in loveless marriages, so long as the other spouse didn't do anything terrible (or get caught).  Even when both spouses wanted to get out, they had to "stage" an episode of adultery, usually with the divorce lawyer's secretary, the lawyer's private investigator and the husband doing a photoshoot.  

    Alimony treated women like children, assuming they were incapable of supporting themselves.

    The modern trend was to say that either party could get a divorce simply because they didn't want to be married anymore, eg because they didn't love the spouse, which was phrased as irreconcilable differences or irretrievable breakdown of the marriage.  

    Alimony was converted to equitable division of the property -- which actually usually provided more to the poorer spouse than alimony, which was like a stingy allowance.

    Equitable division of the property actually is more financially damaging to rich men than alimony.

    Feminists have re-examined what they initially promoted, but very few progressive legal scholars who study divorce think the fault and alimony model is a good one, especially for women.

    So you may disagree with no fault, but your being outraged that another poster supports it puts you somewhat out of the mainstream.

    •  Your points are well taken, (0+ / 0-)

      but what, precisely, should be done for women who grew up in a culture such as the Dominionist one, learned how to do nothing except housework and baby-making (perhaps not even reading), and then is abandoned by her husband Lord & Master for a younger, more-fertile model?

      •  Equitable distribution and rehabilitative alimony (1+ / 0-)
        Recommended by:
        i like bbq

        A lot of states have pretty good equitable distribution statutes and case law.

        They get rid of fault and alimony, and treat the marriage as a partnership that needs to be dissolved without the court getting into the detail -- that it's terribly suited to examine -- of who was at fault.

        If the woman was a stay at home Mom, she contributed just as much to the husband's savings, property, business, etc. and gets half of it.  Many states even give her half of any professional license he gained, like a law or medical license, and half of his business.

        Even states that focus on property distribution have a fail safe clause called, "rehabilitative alimony."  That means that in the case of your stay at home Mom who sacrificed the opportunity to learn a skill, in addition to half the property, she gets old fashioned alimony (but limited in time) for her to learn the skills to get into the job market.

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site