Si modo
Diamond Member
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.
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:
"Only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions. This Commonwealth and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage."
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:
"§ 20-109. Changing maintenance and support for a spouse; effect of stipulations as to maintenance and support for a spouse; cessation upon cohabitation, remarriage or death.
A. Upon petition of either party the court may increase, decrease, or terminate the amount or duration of any spousal support and maintenance that may thereafter accrue, whether previously or hereafter awarded, as the circumstances may make proper. Upon order of the court based upon clear and convincing evidence that the spouse receiving support has been habitually cohabiting with another person in a relationship analogous to a marriage for one year or more commencing on or after July 1, 1997, the court shall terminate spousal support and maintenance unless (i) otherwise provided by stipulation or contract or (ii) the spouse receiving support proves by a preponderance of the evidence that termination of such support would be unconscionable. The provisions of this subsection shall apply to all orders and decrees for spousal support, regardless of the date of the suit for initial setting of support, the date of entry of any such order or decree, or the date of any petition for modification of support.
...."
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.