I told you it was coming. The Alimony Reform Bill – HB 5509 has arrived.
View it here: http://www.cga.ct.gov/2012/TOB/H/2012HB-05509-R00-HB.htm
There has been a “spirited” debate amongst the Family Bar on this Bill.
Proponents of the bill believe that the “guidelines” will bring more certainty and predictability to awards of alimony. With one less issue in play, cases will be disposed of sooner, thereby reducing conflict and minimizing legal costs and expenses. Other supporters feel that higher earning spouses (historically males) have been treated unfairly with court imposed alimony orders that are extremely high and/or lifetime alimony awards. The Bill, they suggest, reflects the growing trend of women in the workforce who are increasingly self-sufficient.
The many who oppose the Bill argue that it limits judicial independence to “craft orders” based on the specific, factual circumstances of a case. This in turn will penalize the financial “weaker” spouse who may be vulnerable economically. Another inconsistency seems to be the calculation of alimony based on gross income while the Child Support Guidelines utilize a net figure.
The Family Law Section of the Connecticut Bar Association (CBA), by a nearly unanimous vote, authorized it’s Legislation Committee to request permission to oppose the Bill on behalf of the CBA. They are considering hiring a lobbyist.
Here is one of my prior blogs on alimony reform, which sets forth additional arguments: /potential-alimony-reform-in-connecticut/
The question is not whether alimony needs reform. I think most family law attorneys would agree that some reform is needed though they might quibble about the degree to which it is necessary. Therefore, the real debate should not be about whether reform is required but rather if HB 5509 “fits the bill.”