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Little redress available for 'support' spouses
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A wife who puts her husband through college and then is immediately divorced has been had - and the courts should help.
Despite all that, I'm paying alimony. As soon as I finished my Masters degree, she asked for a divorce. There is another side here. That is the side that is looking for a free ticket and one that the court system should evaluate. A lot of educated, higher earning women and men are being taken advantage of by spouses who refuse to go to school and then divorce expecting a payout.
If someone refuses to pursue a career and either tries to leave and sue or otherwise, that's their problem.
I had a friend (male), who worked very hard, high school graduate who ended up making pretty good money despite the fact he had no additional education. As soon as he started making money, his wife divorced him so she could get as much as possible.
There should be enough evidence in the facts. Tax returns, income verification, who paid the bills, who attended school, at what cost was the education? This alone should be adequate to prove the verbal agreement. Making the assumption it is the woman, as it most often is, the husband/graduate should be expected to pay the way for the wife to complete her education to the same level if that is desired, including child care so that the spouse can then "get back on her feet" at an equal footing to his, should she desire this. If she decides to be a teacher instead of a doctor, that's fine, but he should pay the way for her to accomplish this, even at this later date, so she too can have a career that brings her satisfaction and joy just as he has. Laws/decisions should reflect this.
Having said that, it is also the case the MOST of the time the WIFE is the one who works to support the HUSBAND through school, and most of the time it is the WIFE who gets left on the curb when the husband gets the parchment and starts making good money!
This is because most men are such selfish, unethical jerks! (Don't get mad at me, I'm just telling you what the statistics say!)
If men had any honor and decency at all, THEY would make sure the person they have exploited is taken care of! Anyone who fails to do that is less than vermin in my opinion.
Most probably, her support was in the form of child care, cooking, and maintaining the household. If that is the case, she should just be thankful that her name doesn't appear on those student loan papers.
I know few couples who the person getting the degree does no income-producing work, usually he/she holds some sort of part-time job while attending classes. Also, the majority of couples I know in this community who are young married students with a child or two are receiving some sort of state aid in the form of subsidized housing, child healthcare, and food assistance. I'm just saying it takes a community to educate the population and divorcing couples may place a heavier burden on society. The single mother has access to housing/food/healthcare assistance, daycare, and grants.
Let's look at what's really going on. The model of the sole-support wife paying all the bills and managing the house and kids while hubby goes to school on their dime is as out-dated as the man coming home after 9-5 to the little woman in heels and an apron serving a gourmet meal.
With bankruptcies and welfare, nowdays it's society that foots the bill for so many divorces after "the early years."
The idea of a woman staying home with the pre-school aged kids and cleaning the house has had a very limited run. In this economy it's back to everyone working to put on the table and to slow the sinking into debt.
You've obviously bought into the idea that men are evil and that women are some sort of sub-human species with no accountability. Women are people too.
It's time Utah society started holding women accountable. You're probably being taken advantage of and don't even know it.
If you don't hold women accountable, sooner or later, they'll think they don't have to be.
The moment you give birth to the child than you may have a valid point but the woman is the one who went through the pregnancy, gave birth, performed all the tasks that only a mother can do. The law recognizes that a mother not only has a biological tie but also a physical tie to the child whereas a man doesn't.
If we were to consider only genetics as a factor the husband and wife each contribute 50% of the child's DNA. In addition, if it's a son a father contributes a Y Chromosome while a mother contributes her mtDNA. If its a daughter the father doesn't contribute his Y chromosome but a mother does contribute her mtDNA. So in terms of genetics both are equal with sons but mothers contribute more to daughters.
So if the law is biased towards mothers its because it recognizes that a mother has contributed equally genetically and more to the birth and rearing of the child than the sexual act.
"In today's world, the degree is probably still not paid for. There is likely a large debt waiting to be paid. That rightly belongs to the person who got the education."
That's not true. If you were married to a person at the time they accrued a debt you are also obligated to pay that debt. So if a former spouse defaults on their loans and it's referred for collections legal action can be taken against both spouses even after their divorce so long as a debt occurred before the divorce.
If a spouse dies the current and former spouse are held legally responsible for debts accrued during their marriage unless a divorce decree specifically states otherwise which it normally doesn't unless it equally divides up the marital assets and debts.
I have worked in collections and many former spouses become angry when they receive a call about a debt their former spouse accrued during marriage and are told they have to pay that debt unless they have a decree that states otherwise. I have seen them break down and pay because of a deadbeat former spouse who wouldn't and it affects both of them even after divorce.
Moreover, as a general preposition of Utah law, spouses are legally liable only for their own debts unless the debt is for household necessities.
If your employer goes around trying to browbeat people into paying off the debts of their dead (or deadbeat) spouses, your employer is very likely breaking the law.
The solution: Utah culture, as encouraged by LDS leaders, needs to stop sending the message to young women to quit school and support their young husbands. Stop encouraging early marriage altogether. If both men and women would put off marriage till after graduation, each could achieve an education and enhance chances of succeeding just in case the marriage ends. It's the reality no dreamy-eyed couple wants to consider, but family court is running over with these cases. Sad, but wake up people.
..who cares? What about the spouses that are left so easily because of the "no fault" divorce laws? The spouses that went to school, earned a degree, built an entire life for him/herself, and then supported the entire family on his/her income alone? When the other spouse brought NOTHING to the table financially, except several thousand dollars in debt?
Then the "debted" spouse leaves, and then is awarded, by default, 1/2 of all marital assets.
And then alimony, on top of that.
How is that fair, that because of No-fault, one spouse leaves and takes so much, when nothing was offered to begin with?
The real problem is the fact that divorce is so freaking easy in the first place. It takes two people to marry, but one to divorce.
Then the misandristic society in which Utah operates takes the children and then awards them, plus egregious amounts of child support upon an otherwise good, devoted, loving father.
The whole thing is ridiculous. It's unfair for everyone. Personally, I think it should be more difficult to get a divorce than it currently is. That's the real issue.
Sometimes a common goal can keep a bad marriage together just a little longer.
I think it's unfair to assume we know who the innocent victim is here. In most divorces there is plenty of blame to go around.
Somebody who does this is scum. My family does not tolerate this, If my brother did this to his wife, you bet we'd be inviting his wife and his children to family events and leaving him in the dust.
Any Scum reading this...i hope you feel guilty.
Women and children are the most exploited beings on this planet. And those who exploit them over 90% of the time are MEN.
Every man who responded to this article negatively has shown selfishness, justification, self-deserving, lack of responsibility and exaggerated pain and suffering. The sad thing about that is there are so many men out there like that. And they aren't marriage-material, in a world where women are more abundant than men to begin with. Men like this always think, because of that, there are more fish in the sea and go out and exploit another woman, instead of taking responsibility for their own thoughts and actions.
"She got the house, the car, the kids, alimony and child support all the while her live in B.F.is in "my" house sleeping in "my" bed! I got the shaft!"
Your house? Your bed? This is the most arrogant and self-centered comments I have read in this thread.
"At first I didn't even know what "mental cruelty" is,but I do now! I get to see my kids when she says I can and there is nothing I can do about it. I am older now but much wiser. Men have no rights in divorce court! All the woman has to do is shed a few tears and claim mental cruelty. I try not to be bitter, but sometimes I am!"
If your post is any indication of how you treated your wife and children I can understand why the Judge believed your wife. I would too based on your mannerism. I have known sociopaths in my personal life so I can easily recognize one and you are clearly a sociopath.
It is always sad when a marriage dies. I think fights over money just distract people from the pain over divorce.
If someone gets married at 20, they can still finish school or they shouldn't get married. If their parent's stop paying for it if they marry they should carefully consider that factor, but are stuck with the consequences. They are over 18. Don't a lot of girls age 20/22 marry men already done with school?
However, I do not believe that the man is solely to blame for the divorce. Both parties have very likely failed in their responsibilities, and both parties should be held equally accountable. The man should pay up (he's not a man if he doesn't) and the woman should use the opportunity to finish her schooling.
Finally, the student debt should fall to both if both parties are going to capitalize and profit from the degree. If the wife in this case was able to pay for his schooling with her salary (unlikely) then he should pay her back in full, also with interest.
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If I were starting a job I would expect the rights and responsibilities of both parties to be set out in black and white.
Perhaps it is time to become that frank.
It feels different to a pre-nup (which seems to me like a document for failure) in as much as a written confirmation of a conversation signed by both parties is just a hard copy of something agreed between the couple.
Plus - "support spouses" should consider that their progression is as valid as their partners and perhaps it is better to stumble thru University together than have one person hold all the financial cards later on.