In Orange County, California, a man has asked the appellate court to reverse the trial court which ordered him to pay alimony to his ex-wife even though she was in a domestic partnership. California law provides for the termination of alimony when a former spouse remarries.
In this case, the ex-wife didn’t marry but entered into a registered domestic partnership with her female partner. Because California registered domestic partners are treated the same as married couples for the purposes of dividing assets and setting support the ex-husband feels the registered domestic partnership should be treated as a marriage. The ex-husband argues since his former wife would not have been entitled to alimony if she had remarried, that the formation of registered domestic partnership should also have the effect of ending her right to alimony.
Proponents for same-sex marriage are watching this case and have said they will site it to the California Supreme Court as a reason to legalize gay marriage.
For more information on this very interesting case follow this link to the article in the L.A. Times.