Law Office of Joanne Kleiner

Archives for July 2015

Jul 14

More Men Receiving Alimony

Increase in Spousal Support for Stay-At-Home Dads

Divorced manThough national statistics still show women lagging substantially behind men in average earnings, more and more women are out-earning their husbands, and in many instances, families are opting to have the father stay at home with children because of the greater earning potential of the mother. As that trend has increased, so has another–that of stay-at-home dads successfully seeking spousal support in a divorce proceeding.

Most family law experts say that, as gender roles in society have become less delineated, the demand has been that the courts take a more gender neutral approach to divorce, custody and support. They acknowledge, though, that the legal system has been and remains, to a significant degree, biased against men in family law matters. Even though the “tender years doctrine,” the premise that mothers are biologically more skilled at nurturing small children, has been rejected nationwide, many judges (who are mostly men) still balk at the idea of a woman paying a man any level of support, even if the woman earns ten times as much as the man.

Experts also say that cultural stereotypes come into play. Many men who might have a legitimate claim for alimony, who have given up a lesser paying career to stay home with children, often don’t seek spousal support in a divorce because of the cultural perception that it would not be very “manly” to accept payment from a woman.

Not surprisingly, as more and more women out-earn their husbands, legal experts have seen a dramatic increase in the number of women asking for a prenuptial agreement. In a recent study, more than half of all family law attorneys polled said they had seen such an increase.

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At the law office of Joanne E. Kleiner & Associates, we have protected the rights of men and women in and around Philadelphia for more than 25 years. Let us help you successfully resolve your family law problems. To schedule an appointment with an experienced Pennsylvania family law attorney, contact our office online or call us at 215-886-1266.

Jul 09

Supreme Court Decision in Alabama Same-Sex Marriage Case Sends Message

Is Justice Thomas Correct? Is Supreme Court Clearing Way for Same Sex Marriage?

Two men holding handsIn a scathing dissent, Justice Clarence Thomas of the United States Supreme Court complained that the high court’s refusal to block the ruling in a federal district in Alabama, invalidating that state’s ban on same-sex marriage was tantamount to paving the way for gay marriage nationwide. Many legal experts agree. Judge Callie V.S. Granade, of the Federal District Court for the Southern District of Alabama, held the state’s laws prohibiting same-sex marriage to violate the U.S. Constitution.

Legal authorities across the country believe that Thomas is correct, that in light of its recent actions, the Supreme Court has decided not to interfere with the trend toward nationwide legalization of same-sex marriage. In the last six months, the high court has refused to hear appeals from numerous states where same-sex marriage bans were found to be unconstitutional. During that time period, the number of states permitting same-sex marriage has grown from 19 to 37.

Though the high court has ruled on the Alabama law, the matter is far from settled there. In actions reminiscent of the state’s belligerent opposition to civil right in the 1960s, top public officials have ordered probate judges to ignore the Supreme Court ruling. Alabama Supreme Court Chief Justice Roy S. Moore ordered Alabama probate judges on Sunday not to issue marriage licenses to same-sex couples. Thus far, probate judges in 52 of Alabama’s 67 counties have complied with Judge Moore’s order. Many same-sex marriages were held, though, in the 15 counties where license were issued.

In Justice Thomas’s dissent, he contended that the Supreme Court decision, in United States v. Windsor, which in 2013 invalidated some provisions of the federal Defense of Marriage Act as unconstitutional, did not resolve all issues. He argued that the status quo should have remained in effect in Alabama until those questions were addressed by the high court. In his opinion, the court’s refusal to hear appeals amounted to “acquiescence” and “a signal of the court’s intended resolution of the question.”

Contact the Law Office of Joanne E. Kleiner & Associates

Let us help you successfully resolve your family law problems. To schedule an appointment with an experienced Pennsylvania family law attorney, contact our office online or call us at 215-886-1266.

Jul 01, 2015

Divorce Rates Decline

Changing Social Trends Contribute to Drop in Divorce

One of the initial consequences of the women’s liberation movement and the increased economic and social opportunities for women that evolved in the 60s and 70s was an increase in the national divorce rate, as many women who had previously felt “trapped” in a marriage decided that they could get out. As a result, divorce rates in the United States in the late 70s and early 80s hit rates of 50-55%. That trend has changed though, over the last 20 years. Currently, the national divorce rate is just over 40%.

Experts say one of the key factors in reducing the divorce rate is that people are waiting longer to get married. Authorities have long known that divorce rates were much higher among people who married at a very early age. They cite a number of factors as contributing to the decision to postpone marriage:

  • Increased academic opportunities–In the last 20 years, a college education has become a standard expectation for many people. Most decide to wait until after graduation to get married, even if they have met their future spouse. In a study conducted by the Pew Research Center, nearly twice as many people who got married in 2012 had college degrees, as opposed to a high school education.
  • Focus on careers–The modern trend, especially with more educated people, is to focus on a career first, then consider marriage. In fact, in some states, including New York and New Jersey, the average age of persons marrying for the first time is close to or above 30 years of age.

Experts say that waiting to get married reduces the likelihood of divorce for a number of reasons. First, spouses tend to be financially healthier–financial problems are routinely cited as one of the principal reasons for divorce. In addition, waiting allows for greater emotional maturity and less focus on fleeting factors, such as physical attractiveness.

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Let us put our commitment, experience and dedication to work for you. To arrange a confidential meeting with an experienced Pennsylvania family law attorney, contact our office online or call us at 215-886-1266.