this post was submitted on 23 Nov 2024
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[–] andrewta@lemmy.world 47 points 3 days ago (6 children)

Great now make it so if you cheat you lose the ability to get alimony.

And an open relationship is different then cheating.

[–] SirEDCaLot@lemmy.today 11 points 2 days ago (1 children)

Yes absolutely this. Cheating should not be a crime you go to jail for.
But it should have consequences. I think a good way to go is a law that unless there is a prenup that specifically deals with cheating, and unless it was an agreed to open relationship or there was otherwise permission to cheat, a cheater is ineligible for alimony and must be considered morally suspect for the question of child custody.

[–] hessenjunge@discuss.tchncs.de 3 points 2 days ago* (last edited 2 days ago) (2 children)

Consider the following (IMO common) scenario: One spouse is abusive and does not care about the children. Maybe it’s a malignant narcissist and their family is like property for them.

The other spouse cares about the children and may be the only one doing any real parenting. Also they suffer the loveless, abusive marriage. At some point they meet someone that cares for them and somehow that leads to cheating before they can escape the marriage.

In this scenario the children should stay with the cheater and the alimony should not be depending on who cheated. (Both IMO of course).

[–] SirEDCaLot@lemmy.today 0 points 23 hours ago (1 children)

In that scenario, the spouse doing the parenting who isn't a narcissist should divorce the narcissist. Or keep their pants on until the divorce happens.

'somehow that leads to cheating' No it does not 'somehow' lead to anything.

Either the person is in control of their actions, in which case they should have the self-control to postpone sex at least until divorce process begins, or they are not in control of their actions and are helpless to prevent themselves from sleeping with the other person, in which case they are not the paragon of virtue you paint them to be. They may well be a better parent than the narcissist, which is why I don't say custody should be automatic. I am only saying that infidelity should be strongly considered in custody decisions.

[–] hessenjunge@discuss.tchncs.de 1 points 14 hours ago (1 children)

I find your lack of empathy for abuse victims quite concerning TBH.

[–] SirEDCaLot@lemmy.today 0 points 12 hours ago (1 children)

I have a ton of empathy for abuse victims.
Having something shitty done to you, doesn't mean it's okay for you to be shitty.
Cheating is not okay, even if your spouse is abusive. Leaving an abusive spouse is a valid reaction. Cheating is not.

And from a legal perspective, the second we open up the can of worms of 'This person is shitty there for it's okay to be shitty to them' you create a slippery slope that could easily be used by shitty people against good people.

[–] hessenjunge@discuss.tchncs.de 1 points 5 hours ago

I have a ton of empathy for abuse victims.

It’s pretty obvious that you don’t.

Having something shitty done to you, doesn't mean it's okay for you to be shitty.

I did not say that.

This person is shitty there for it's okay to be shitty to them'

I did not say that.

you create a slippery slope that could easily be used by shitty people against good people.

So, according to you malignant narcissists are good people? Okay

[–] Makhno@lemmy.world 0 points 2 days ago

At some point they meet someone that cares for them and somehow that leads to cheating before they can escape the marriage.

If you can't keep it in your pants for the sake of your kids I don't feel bad for you. You're not gonna die from not fucking. Jesus christ lol

[–] Tedesche@lemmy.world 25 points 3 days ago* (last edited 3 days ago) (2 children)

Honestly, I think it’s high time we ditch old marriage laws in favor of much more individualized marriage contracts that are settled in civil court if they’re dissolved. Modern marriages are much more complex than traditional ones and our antiquated laws don’t deal with them well. We’d have to update laws/policies about hospital visiting, medical decisions, inheritance, etc, as well, but I think it would be worth it.

[–] rottingleaf@lemmy.world 12 points 2 days ago (1 children)

I was in favor of individual contracts for most of my life.

But there's an issue - with individual contracts there's a greater degree of uncertainty every time someone goes to court over them.

It's the same as with individual contracts in other areas. Say, labor.

Power balance matters.

So - ideally yes, but in our real world with our real legal and enforcement systems - we may not be able to. Same as with labor, again.

Well I doubt it would be truely individualized. Probably something more like a menu of terms that everyone else is using would quickly develop. Maybe a few numbers to customize. But mostly boilerplate. And probably requiring arbitration.

[–] reddit_sux@lemmy.world 0 points 2 days ago

So reading a 200+ page EULA before saying I do, got it.

[–] pyre@lemmy.world 7 points 3 days ago (1 children)

that's the opposite of the point of these laws. the entire point of this and no fault divorce is that the state shouldn't dictate relationships. how are you going to adjudicate cheating anyway?

[–] andrewta@lemmy.world 2 points 2 days ago (1 children)

How?

If person a is shown to have been cheating then person a loses any claim to alimony.

Pretty simple.

Person A in divorce court “judge I want alimony”

Person B in divorce court “your honor Person A was cheating here’s the proof”

Judge “ no alimony will be awarded from Person B to Person A”

Why should anyone be allowed to get alimony after cheating? That’s just insult to injury.

Your spouse cheats you walk in on it and now you want a divorce. Added bonus you have to pay money to the cheater for life???

How does that make sense?

It should literally be law that the alimony goes away at that point.

[–] intensely_human@lemm.ee 8 points 2 days ago (1 children)

Yeah indentured servitude as punishment for being victim of a cheater. That’s just pure injustice and the state shouldn’t be enforcing that.

[–] andrewta@lemmy.world 3 points 2 days ago

Here's something nuts . I have three down votes and six up votes. Think about that. There is a solid percentage of people that think I'm wrong in saying what I said.

[–] ipkpjersi@lemmy.ml 1 points 3 days ago* (last edited 3 days ago) (1 children)

Even Canada doesn't have that implemented, I wouldn't count on that any time soon. In Canada, your wife could cut off your finger and cheat on you then file for divorce, then you'd have to give her half of your house (even if it was your childhood home you fully owned long before your marriage) and pay her alimony if you make more than her. Also if you have kids, she's very likely going to win custody of them.

It's a bit fucked up lol

[–] andrewta@lemmy.world 2 points 1 day ago* (last edited 1 day ago)

In some states in the United States, if you get a divorce, they go back to birth so for example, a child home would be split up. But in most states, they only go back to the date of marriage. I will say : I’ll never get married ever. But if I was dumb enough to do it, I would absolutely never get married in a state that (during a divorce) went back to birth. And I would never live in that state (while married) either. What’s mine before the marriage is mine what is hers before the marriage is hers.

No one should be able to claim the ability to take something before the marriage ever existed. That’s just my opinion.

And yeah, I doubt it would ever get implemented.

[–] freeze@lemmy.world -1 points 2 days ago (2 children)

People who are so concerned about that possibility can just require their prospective spouse to sign a prenup with conditions like that on alimony, as a condition of getting married.

[–] Starbuncle@lemmy.ca 11 points 2 days ago (1 children)

Yup, that's a great way to start a marriage. "I love you with all my heart and want to be with you forever. Also, I don't trust you, so let's get a prenup."

The law needs to protect people by default. It's just impractical not to. You have to keep in mind that humans are not perfect rational agents.

[–] freeze@lemmy.world 0 points 2 days ago* (last edited 2 days ago) (2 children)

If someone has this strong of a concern about potentially having to pay alimony in the future and their partner is this bothered by practical attempts to alleviate that fear by preventing an issue, then maybe they're just not right for each other and shouldn't get married.

Alimony laws also vary enormously by jurisdiction, and people could also just e.g. not marry someone who doesn't work or isn't planning to. Or only marry someone who gets paid close enough to the same amount that alimony likely wouldn't come into play regardless.

[–] Starbuncle@lemmy.ca 7 points 2 days ago (1 children)

I think you have an overly optimistic view of the world.

[–] freeze@lemmy.world -5 points 2 days ago

I think I have a realistic view. Usually terminally online men don't understand how alimony even works or how rare it is in the first place. I suppose they just get off on these kinds of justice porn theoretical outrage scenarios.

[–] youstolemyname@lemmy.world 2 points 2 days ago

People change. Often for the worst and it's completely out of your control.

[–] andrewta@lemmy.world 2 points 2 days ago

There are a number of states where the prenup is all but worthless.