An Orange County man appeals an order to continue paying spousal support after discovering his ex-wife was in a domestic partnership.
Although he was aware that his ex-wife had been living with another woman and took her last name, he was unaware, as he paid $1,250 in alimony a month, that she was registered under California law as being in a domestic partnership.
Marriage vs. Domestic Partnership
Since state marriage laws state that alimony payments are to end once the former spouse remarries, Ron Garber believes he should be released from his monthly payments when domestic payments are akin to marriage in California.
“This is about the law being fair,” says Garber.
Garber, and his attorney William M. Hulsy, believe the case highlights the gaps between the legal status of domestic partners and married couples in the state.
Previous Alimony Agreements
Garber, 51, says he favors same-sex marriage and has no bitterness about his wife leaving him and living with a woman.
However, he explains that when he signed the documents agreeing to pay her alimony for five years monthly, he wouldn’t have done so if he knew she was going to register as being in a domestic partnership.
According to Kristin Kirkwood, the attorney for Garber’s wife, Melinda, she is uncertain whether Garber knew about the domestic partnership before signing the papers.
(Source: The Los Angeles Times)
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