Thursday, April 05, 2007

Sex Change Spawns Alimony Fight

You just can't make this stuff up.

I know I say that from time to time, but it's true. I love the law and all things legal (well, ok, most things legal). And even though I'm not (and never have been) a practicing attorney, I am fascinated by court cases, especially things like this one:

In a case that could set precedent for transgendered individuals, a Seminole man asked a Pinellas circuit judge Tuesday to set aside his alimony requirements because his ex-wife is now a man.

Lawrence and Julia Roach were married for 18 years before they divorced in 2004. In the divorce settlement, Julia Roach was granted $1,250 a month in alimony.

Since then, Julia has transitioned to become Julio Roberto Silverwolf, 55, a transgendered individual.

At issue in the case is Roach's contention that a man paying alimony to a man is illegal since same-sex marriage is not recognized under Florida law.

"My client did not agree to pay a man alimony," said one of Roach's attorneys, John McGuire, at Tuesday's hearing. "He agreed to pay a woman alimony, and when she changed to a man I believe she terminated that alimony."

It's an interesting argument, but I don't think the courts will buy it. Since the couple were different sexes at the time of the marriage and divorce, I think the alimony order will hold up.

But still, don't you love the legal system?