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The Boston Globe
Years and marriages later, they still pay
By Bella English
Globe Staff / July 18, 2010
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Niro and other men — and women — like him say the state’s alimony law is archaic, reflecting an era when women kept house and men provided. Today, with women making up nearly half the workforce, they say alimony should be a temporary boost, not a lifetime subsidy.
Critics charge that the Legislature has avoided the issue for years in part because drawn-out divorce litigation is lucrative for lawmakers, many of whom are lawyers. Now these critics are working to change the law, a vague statute that gives judges wide discretion over alimony awards. Two bills have been introduced, and a legislative task force is working on a third version.
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They have several examples of the law’s disastrous effects. Unfair and unjust enrichments. Subsidizing a past spouse’s idleness. And, just crazy randomness.
But why should we be surprised? The Gooferment’s one-size fits all solution that is cast in stone sooner or later is absurd.
(Wonder if those “gay marriages” will get the same treatment?)
Of course, little L libertarians don’t think the Gooferment should be in the “marriage business”. It used racist emotions to get into the business. Expanded it with the WW2 wage and price control “benefits” exception. And used the income tax code to “promote families”.
Argh!
No way that the Gooferment should be picking winners and losers in failed marriages. Partnership law, prenus, postnups, and contract law should be used. Not open ended judicial fiat.
Argh!
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