Showing posts with label Wall Street Journal. Show all posts
Showing posts with label Wall Street Journal. Show all posts

Sunday, February 5, 2012

Nagging Outstrips Adultery as Primary Engine of Divorce

Toward the end of last month, you may have noted the stir that a WSJ article caused over the issue of nagging and its toxic effect on marriages. The article concluded that nagging may have more potential to bust apart couples than adultery.

As a divorce attorney in the third decade of practice, I’ve witnessed many clients complain about their spouse’s nagging; and about their cheating.  It is impossible to say which is more toxic to a marital union.

Nagging, as a relationship dynamic, is all about a breakdown of communication, and an attempt to reassert control.  The article clearly stated that it was women who did the nagging while men were on the receiving end.  The “experts” interviewed for the article opined that this was because of a woman’s role as a “manager” of the family; meanwhile men tend to, “feel like a little boy being scolded by his mother.”


For their part, women complain that, when they ask about something, they just want it handled. 

Problems arise, however, when a couple takes it to the next level, and begin to argue about the nagging, rather than the root problem.  Communication breakdown.


If a couple, even a committed couple, does not learn how to cope with the dynamic, they often wind up divorced in the long-run.  Professor Howard Markman of the University of Denver, cited and quoted in the WSJ article, says nagging is the “enemy of love”.

The real barometer here is the 400-plus comments on the article; they are hilarious.  Take a look for yourself.


Tuesday, November 17, 2009

WSJ Readers Respond Emotionally to Article on Alimony


Alimony, now known as spousal support here in Michigan, is one of those topics in family law that elicits an emotional response from nearly everyone.  In tough economic times, most people have a gut reaction to the concept of paying financial support for an ex-spouse. 

Whether alimony is appropriate, however, is a fact-specific analysis, with each family bringing much different facts into court and into the equation.  A recent WSJ article by Jennifer Levitz takes an anecdotal look at the concept of alimony.  Her readership posted 175 emotionally-charged comments to the article on this apparently sore subject.

Levitz's article focused on the inequities that can result from alimony awards when years pass, and circumstances change.  The article also noted that many states, (Ohio, Pennsylvania, Massachusetts, Oklahoma, Florida, Arizona, and North Carolina, among them), are considering legislation to limit alimony.  Some of the states have activitst groups (with memberships of "burned" former spouses, no doubt) that have hired lobbyists for the task.

In Michigan, spousal support is alive and well; but it's not your Grandfather's alimony.  Unlike child support which is calculated by a formula using the inputs of the relative incomes of the parents, and the number of overnight parenting sessions with the "non-custodial" parent, alimony is always negotiable.

Significant considerations include whether spousal support is forever barred, or whether it is awarded and, if so, whether the award is modifiable.  In some cases, it makes sense to bargain for the certainty of non-modifiable alimony; the payor knows what he's in for, and for how long.  Other cases call for a compete ban on alimony, either because each spouse is professionally equal, the marriage was of relatively short-term, or because the property division favored the "lesser-earning" spouse.

These are all considerations one must take into account as a divorce proceeds toward judgment.

If you are facing a divorce that may include some of these issues, contact our firm to discuss your options.  We can provide you with immediate peace of mind with sound legal advice based on your specific circumstances.

info@clarkstonlegal.com
http://www.clarkstonlegal.com/