I'd like to get some input on something a friend of mine and I were discussing a while ago. First, in the Virginia Constitution, it explicitly states that the Commonwealth will not recognize any gay marriage or gay union of any sort. The exact wording of the amendment is: So what if a man is paying spousal support for his ex-wife but since the divorce, the ex-wife has realized that she is a lesbian. So, she is living with her lesbian lover, they have 'had a child together' (the other lesbian was inseminated, for example), she is the stay-at-home 'mom' and the other mother (the biological mother) is the bread winner. Seems like a fairly normal situation for a divorcee, but for the same sex aspect. The husband decides to ask the court to discontinue his requirement to pay spousal support. It seems that VA Code says that if the ex spouse enters into a cohabitating relationship (living together for some time, sharing of financial burdens, romantic attraction/affection for each other exist - IOW, they are living together for reasons more than just convenience like roommates would). Here is the Virginia Code about that: What should the court do? The state constitution says the court can't recognize the other relationship because it's not between a man and a woman, but the code doesn't specify that cohabitants be a man and woman (code specifically says 'person' cohabitating). It doesn't seem too obvious what could be done. I find it an interesting problem.