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.
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.
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.
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?
Just my opinion, if my spouse (I’m not married) walks up to me and asks if they can sleep with someone else and I say no. Then they do it anyway. I would absolutely call that cheating. Then I’d call a divorce attorney. If I had to pay alimony after the divorce I’d be extremely bitter.
In the context of the comment chain, you’re saying that a person who willfully violates a monogamous marriage vow should still be able to claim alimony in the event of a divorce, simply because they informed their spouse they were doing it?
Fuck that. What the hell are you thinking? Please tell me this isn’t what you mean.
Marriages shouldn’t be monogamous. Thats antiquated and ridiculous
Some people get married for tax benefits, and the law shouldn’t say anything about whether or not the marriage is poly or mono. I mean, sure, let people opt into it if they want legally enforced monogamy, like a prenup. But by default marriage shouldn’t require monogomy. Thats insane.
There is absolutely a difference between having an open relationship where both parties consent, and having a relationship where one person just sleeps around, but it’s totally fine because the other was informed it was happening.
Your partner may not be your property, but that doesn’t mean that sleeping around just because you told them it was happening is ok.
You have no conception of how contracts work do you?
Contracts involve things people aren’t entitled to all the time. Nobody is entitled to have someone else meet them for lunch at 1 pm either. You can’t dictate someone else’s movements that way.
Oh wait! Unless they agreed to meet you there at 1pm.
Fascinating, the way promises can turn a lack of entitlement into legitimate entitlement.
This article is literally about changing that contract because its based on an antiquated concept of some old book that claimed it was the word of some mythical creature in the sky
If a poly person is with a monogamous person and wants to sleep with a new partner, end the relationship with the monogamous person. The monogamous person can stay out of the relationship if they know the other person is poly, too.
Sure. I’m talking about a poly person in marriage with a poly person. They shouldn’t be able to be criminalized for fucking someone else if they told their partner about it first.
Great now make it so if you cheat you lose the ability to get alimony.
And an open relationship is different then cheating.
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.
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.
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.
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?
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.
Yeah indentured servitude as punishment for being victim of a cheater. That’s just pure injustice and the state shouldn’t be enforcing that.
I do wonder the legal definition used here. I hope the law doesn’t consider it cheating if you tell them about it first, regardless of if they say yes
Just my opinion, if my spouse (I’m not married) walks up to me and asks if they can sleep with someone else and I say no. Then they do it anyway. I would absolutely call that cheating. Then I’d call a divorce attorney. If I had to pay alimony after the divorce I’d be extremely bitter.
If I had to pay alimony in a situation like that, I would become a criminal fast.
Your partner is not your property. They have the right to fuck who they want.
They dont have the right to endanger your health, which is why they need to tell you
Do you know what alimony is?
In the context of the comment chain, you’re saying that a person who willfully violates a monogamous marriage vow should still be able to claim alimony in the event of a divorce, simply because they informed their spouse they were doing it?
Fuck that. What the hell are you thinking? Please tell me this isn’t what you mean.
Marriages shouldn’t be monogamous. Thats antiquated and ridiculous
Some people get married for tax benefits, and the law shouldn’t say anything about whether or not the marriage is poly or mono. I mean, sure, let people opt into it if they want legally enforced monogamy, like a prenup. But by default marriage shouldn’t require monogomy. Thats insane.
Wow. Way to give polygamists a bad name, dude. Can’t let the monogamists have their slice of happiness, huh?
Pathetic. I’m glad you’re in the extreme minority, what a horrendous opinion you have.
I literally said its OK to be mono. Just that it shouldn’t be required.
Also its polyamory, not polygamy
There is absolutely a difference between having an open relationship where both parties consent, and having a relationship where one person just sleeps around, but it’s totally fine because the other was informed it was happening.
Your partner may not be your property, but that doesn’t mean that sleeping around just because you told them it was happening is ok.
If you dont consent to your poly partner fucking someone else, you’re saying “your body, my choice”
Thats so fucked, and I can’t believe you’re defending it
You have no conception of how contracts work do you?
Contracts involve things people aren’t entitled to all the time. Nobody is entitled to have someone else meet them for lunch at 1 pm either. You can’t dictate someone else’s movements that way.
Oh wait! Unless they agreed to meet you there at 1pm.
Fascinating, the way promises can turn a lack of entitlement into legitimate entitlement.
This article is literally about changing that contract because its based on an antiquated concept of some old book that claimed it was the word of some mythical creature in the sky
We’re updating the contract for a reason.
If a poly person is with a monogamous person and wants to sleep with a new partner, end the relationship with the monogamous person. The monogamous person can stay out of the relationship if they know the other person is poly, too.
Sure. I’m talking about a poly person in marriage with a poly person. They shouldn’t be able to be criminalized for fucking someone else if they told their partner about it first.