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Alimony or spousal support is the financial support given by a man or woman to their ex-spouse. The alimony laws were basically created with the aim of keeping marriages together by penalizing men who leave their wife without any means of support. But times have changed drastically and women today makeup almost fifty percent of the working community in America. The alimony concept, which is enshrined in an ancient law, is criticized today by many factions. There are questions being raised as to why a person has to support an ex-spouse financially, even after mutually agreed divorces. Many states today are trying to, if not abolish, at least set a ceiling for the alimony settlements. In this scenario, a new type of alimony is being demanded, which is known as ‘alimony for female eggs’.
As sad as divorces already are, they can be even more depressing for ageing women, because with her divorce an ageing woman not just loses her financial and social security, but she sometimes loses the chances of getting pregnant. If a woman desires to have a child and if her wedlock did not work out the way she wants and ends up in a divorce, her chances of bearing a child suffers a huge blow, particularly if she is past the age of 35. What if a woman is pushing 40 and he gets a divorce from her husband? Her ability for reproduction might show a sharp decline, and her chances of getting pregnant through her next relationship, is jeopardized because of the untimely divorce she suffered. This scenario is the basis of the concept of Alimony for female eggs.
Ronald G. Lieberman, an attorney based out of Haddonfield, is seeking compensation for his 38 year old client, on the above mentioned grounds. His client a 38 year old woman has decided to seek the help of egg freezing technology to preserve her chances of fertilization. As men’s fertility is not so time – constrained as that of women, he feels that his client is entitled to alimony in order to help her save the last of her child bearing chances. His client is nearing the age of forty and she wants to freeze her egg as a precautionary measure. This treatment would cost her $20,000, and she demands her ex-husband to pay those bills.
This is a raging debate in the law circuit today, as already alimony laws are under heavy criticism. A law enacted to protect non-earning spouses to manage their life until they find a new career and life, is now being used by many as a meal ticket. While many groups are calling for drastic changes in the already existing alimony laws, a new type of alimony is being demanded by Lieberman. But one cannot altogether dismiss the concerns of his client as baseless. This person has spent eight years of her life in the hope of having a family, which was denied to her based on whatsoever reasons, and since she is nearing her forty she seriously worries about the future of her fertility. So, one can empathize with her, as this is a predicament faced by many middle aged single women. Is her ex-husband obliged to bear the cost incurred to save her fertility is the point of debate here.
Lieberman’s argument is that as fertility medical treatments are part of married life, they should be maintained even after divorce, and the ex spouse should assist the other who is undergoing the said treatment. While there are cases in the past where courts have acknowledged the limit of a female fertility period and have judged in favor of women having custody of fertilized embryos, this is the first time a woman has claimed compensation for freezing her eggs. While the verdict is awaited in the case, on cannot dismiss the fact that Lieberman’s client has a valid concern and a strong case.
Works Cited:
Sarah Elizabeth Richards. (September 6, 2013). Alimony for Your Eggs. Retrieved from http://www.nytimes.com/2013/09/07/opinion/alimony-for-your-eggs.html?_r=0
