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California Judge Orders Man to Continue Paying
An Orange County, California judge recently ordered Ron Garber to continue paying his ex-wife Melinda Kirkwood the $1,250 per month alimony that was agreed to in their divorce, even though Kirkwood is now in a registered domestic partnership with another woman. The ruling highlights the legal controversy surrounding the status of domestic partnerships in California and elsewhere.
Alimony Ends When Ex Remarries
In California, divorce law mandates that alimony, also known as spousal support, ends when an ex-spouse remarries. Since a domestic partnership is not exactly the same as marriage, the question of whether an ex-spouse who enters a registered domestic partnership should be considered "married" has arisen in cases such as Ron Garber's.
Garber and his lawyer contend that he should not have to continue paying alimony to his ex-wife since she has in effect remarried, but the judge ruled that a domestic partnership, even though it is registered with the state, is merely cohabitation, not marriage.
Same-Sex Marriage vs. Domestic Partnership
The California Supreme Court is currently weighing the issue of whether same-sex marriage should be made legal. The state has a ban on same-sex marriage, and an appeals court upheld that ban in 2006, citing the California domestic partnership law. The appeals court wrote that the decision of whether gay Californians can marry is up to the state Legislature.
Massachusetts is currently the only state that allows same-sex marriages. A few other states recognize domestic partnerships or civil unions. A new law recognizing domestic partnership just went into effect in the state of Washington.
California Supreme Court Hearing Imminent
The California Supreme Court will hear briefs in August concerning whether same-sex couples should be allowed to marry or be limited to domestic partnerships. The Garber-Kirkwood decision "[shows] the irrationality of having a separate, unequal scheme" for same-sex partners, said Therese Stewart, chief deputy city attorney for San Francisco. She will be arguing before the Court in favor of allowing full marriage rights for same-sex partners.
Garber and Kirkwood agreed to an alimony arrangement that Kirkwood's attorney called "binding" and non-modifiable. Garber's attorney, William M. Hulsy, points out that if the couple had made the agreement under the same factual scenario with the exception of a remarriage rather than a domestic partnership, the agreement would be void. An appeal of the judge's ruling is underway.
(Source: Findlaw online)
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