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Alimony / Spousal Support after Sex Reassignment

By James Chau

Apparently, recent case law in Ohio, regarding alimony at least, has ruled that a sex change does not alter an agreement to pay spousal support. I don't really see how it matters as the underlying public policies are still present.

The Ex wife became a man, and the Husband claimed that, since men do not need spousal support, that would render the original intention invalid. In California at least, spousal support is gender neutral. A man or a woman may get an award for spousal support.

Now a case in Florida, they have just ruled that a sex change also doesnt change alimony requirements. The ex husband claimed that since it is illegal for a man to marry a man, the original marriage was invalid and therefore alimony should not have been awarded.

The courts did not agree with him in their ruling. Additionally, in Florida the courts stated that in the eyes of the law there has been no significant changes which would require a spousal support modification. In Florida a sex change does not alter ones gender in the eyes of the law.

Many people contact my office looking for a San Jose Spousal support lawyer. This is a common question that clients ask me about in my San Jose Family Law Office. Spousal support may be terminated or modified usually through two circumstances, a change in circumstances or a spouse remarries.

Full post as published by San Jose Divorce Law and Family Law Lawyer Blog on October 15, 2007 (boomark / email).