Monday, July 23, 2007

Not Indiana law but interesting - alimony and same-sex couples

Indiana lacks alimony - unless the parties agree to alimony. California law provides for alimony. Indiana does not have a domestic partnership statute while California has a domestic partnership law. Thanks to the Indiana Law Blog for a post here about a Los Angeles Times article (registration required for the L.A. Times but it is free) on a case where California's alimony law intersects with its domestic partnership law.

Indiana Law Blog got most of the story but I would like to add these bits:

State marriage laws say that spousal support ends when the person receiving it dies or remarries, unless otherwise specified in an agreement.

"If he had signed that agreement under the same factual scenario — except marriage, not domestic partnership — his agreement to pay spousal support would be null and void," said William M. Hulsy, Garber's lawyer.

Edwin Fahlen, who is representing Garber's former wife, Melinda Kirkwood, said the agreement was binding, regardless of whether his client was registered as a domestic partner or even married. Both sides agreed the pact could not be modified, and Garber waived his right to investigate the nature of the Kirkwoods' relationship, the lawyer said.
This could still happen here if: 1) the parties agree to alimony and 2) the agreement does not provide for the alimony's end with cohabitation regardless of the cohabitant's gender.

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