May a Domestic Partner Still Receive Alimony From a Former Spouse?
State laws and legal precedents are confusing or nonexistent with regard to ex-spouses receiving alimony after entering into a domestic partnership. It is entirely possible for an ex-spouse in a domestic partnership to continue receiving alimony, but a multiplicity of factors can complicate the situation, including which state the partners live in and the legalese in the divorce settlement. Discuss your particular situation with an experienced lawyer.
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Alimony and Remarriage
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States set their own alimony laws and guidelines. Most states allow the divorced spouse paying alimony to cease payments if the receiver remarries. If, however, the alimony agreement contains language stipulating, for example, death as the only reason to terminate alimony, the payee may be stuck with alimony payments even after the receiver finds a new partner. The situation becomes more complicated for domestic partners whose relationships are neither recognized by federal law nor by most states.
Most States
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Most states either do not recognize domestic partnerships or grant extremely limited rights. In these states, a domestic partnership is not legally, socially or economically equivalent to remarriage. It is unlikely that a judge in these states would terminate alimony and rule in favor of a payee arguing that the ex-spouse had in essence remarried by entering a domestic partnership. If, however, you find yourself in this situation, seek experienced legal counsel.
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California, Oregon, Washington, Nevada and New Jersey
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Five states have domestic partnership laws called "everything but marriage" laws. The wording of each state's law differs, but all have the goal of establishing equal treatment of spouses and domestic partners. In these states, alimony falls into a grey area, as a domestic partnership could be deemed to be equivalent to remarriage.
Precedent
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California has the longest-standing and most extensive domestic partner law, which states that domestic partners are equal to spouses in the eyes of the state. In 2007, however, an Orange County judge ruled that an ex-husband was to continue paying alimony to his ex-wife who had since entered into a registered domestic partnership, even though the divorce settlement had specified that the alimony would be terminated upon her remarriage. The judge ruled that a domestic partnership was not equivalent to remarriage and was closer to cohabitation.
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