Florida Man Says Ex-Wife's Sex Change Should End His Alimony Obligation

[Dos Equis]

Florida Man Says Ex-Wife's Sex Change Should End His Alimony Obligation
Wednesday, March 28, 2007

CLEARWATER, Fla. —  Lawrence Roach agreed to pay alimony to the woman he divorced, not the man she became after a sex change, his lawyers argued in an effort to end the payments.

But the ex-wife's attorneys argued Tuesday that the operation doesn't alter the agreement.

Less than a week after commissioners in nearby Largo drew national attention by firing the city manager after he announced he was a transsexual, lawyers for Roach and his ex-wife grappled in another transsexual rights case that delves into relatively uncharted legal territory.

Only a 2004 Ohio case has addressed whether or not a transsexual can still collect alimony after a sex change, those involved say.

"There is not a lot out there to help us," Circuit Judge Jack R. St. Arnold said.

Roach and his wife, Julia, divorced in 2004 after 18 years of marriage. The 48-year-old utility worker agreed to pay her $1,250 a month in alimony. Since then, Julia Roach, 55, had a sex change and legally changed her name to Julio Roberto Silverwolf.

"It's illegal for a man to marry a man and it should likewise be illegal for a man to pay alimony to a man," said John McGuire, one of Roach's attorneys. "When she changed to man, I believe she terminated that alimony."

Silverwolf did not appear in court Tuesday and has declined to talk about the divorce. His lawyer, Gregory Nevins, said the language of the divorce decree is clear and firm — Roach agreed to pay alimony until his ex-wife dies or remarries.

"Those two things haven't happened," said Nevins, a senior staff attorney with the national gay rights group Lambda Legal.

Arnold found fault with several of Roach's legal arguments and noted that appeals courts have declined to legally recognize a sex change in Florida when it comes to marriage. The appellate court "is telling us you are what you are when you are born," Arnold said.

An Ohio appeals court ruled in September 2004 that a Montgomery County man must continue to pay alimony to his transsexual ex-wife because her sex change wasn't reason enough to violate the agreement.

Roach, who has since remarried, said he has been unable to convince state and federal lawmakers to tackle the issue. He said he will continue to fight.

The case is the second transsexual rights showdown in Pinellas County in less than a week. On Friday, city commissioners voted 5-2 to fire Largo's city manager, Steve Stanton, after he announced he was a transsexual.

http://www.foxnews.com/story/0,2933,261860,00.html

[Nordic Superman]

I agree. The laws which benefit women directly benefitted her as a women.

[BayGBM]

Hmm, there is little precedent to go on . . . but my impulse is to terminate the alimony.

Undergoing this operation is volitional.  I'm not discounting the difficult emotional journey that Julia/Julio has undergone, but it was his/her choice to make this change.

The purpose of alimony should be considered here.  The alimony terminates when the recipient undergoes a substantial life change such as remarriage.  I think a sex change qualifies as a substantial life change.   Besides, if you can afford a sex change operation can't you afford to support yourself?

If this were two divorced men and one was getting alimony, I would likewise say the alimony ends if the ex got a sex change.

I'm open to other legal theories, but for now I say end the alimony.

[Dos Equis]

Hmm, there is little precedent to go on . . . but my impulse is to terminate the alimony.

Undergoing this operation is volitional.  I'm not discounting the difficult emotional journey that Julia/Julio has undergone, but it was his/her choice to make this change.

The purpose of alimony should be considered here.  The alimony terminates when the recipient undergoes a substantial life change such as remarriage.  I think a sex change qualifies as a substantial life change.   Besides, if you can afford a sex change operation can't you afford to support yourself?

If this were two divorced men and one was getting alimony, I would likewise say the alimony ends if the ex got a sex change.

I'm open to other legal theories, but for now I say end the alimony.

I agree.

[militarymuscle69]

Hmm, there is little precedent to go on . . . but my impulse is to terminate the alimony.

Undergoing this operation is volitional.  I'm not discounting the difficult emotional journey that Julia/Julio has undergone, but it was his/her choice to make this change.

The purpose of alimony should be considered here.  The alimony terminates when the recipient undergoes a substantial life change such as remarriage.  I think a sex change qualifies as a substantial life change.   Besides, if you can afford a sex change operation can't you afford to support yourself?

If this were two divorced men and one was getting alimony, I would likewise say the alimony ends if the ex got a sex change.

I'm open to other legal theories, but for now I say end the alimony.

GASP!!! We agree on something! mark this down! lol

[youandme]

The purpose of alimony should be considered here.  The alimony terminates when the recipient undergoes a substantial life change such as remarriage.  I think a sex change qualifies as a substantial life change.   Besides, if you can afford a sex change operation can't you afford to support yourself?

Yeah really. Feel sorry for the kid

[24KT]

I agree as well, ...but only on the basis that if you can afford a sex change (which I'm assuming is NOT covered by health insurance) you can certainly afford to pay your own way in life.

[ribonucleic]

"It's illegal for a man to marry a man and it should likewise be illegal for a man to pay alimony to a man," said John McGuire, one of Roach's attorneys. "When she changed to man, I believe she terminated that alimony."

I have to say: This is the most creative approach to weaseling out of alimony that I've ever seen. 

[24KT]

I have to say: This is the most creative approach to weaseling out of alimony that I've ever seen. 

Nice try... but it shouldn't work. If it does, ...on that basis, all recipients of sex changes should be allowed out of prior legal debts and obligations... including paying out alimony to their own ex-spouses, or child support for their kids.

[BayGBM]

I believe this story will be treated on Larry King Live on CNN this evening.

[Deedee]

Isn't alimony society's way of evening out the fact that women get paid less for same work, men have more options, etc... I think this is a perfect case for shutting down alimony.

[BayGBM]

Isn't alimony society's way of evening out the fact that women get paid less for same work, men have more options, etc... I think this is a perfect case for shutting down alimony.

No.  That is not the legal theory behind alimony.  You came to the right conclusion but with the wrong rationale.  In law it is important to have the correct legal theory a) on principle b) so the case can withstand a challenge/appeal and c) so the case can be used as precedent.

One of the primary purposes of alimony is to enable the ex who did not work or make much money during the marriage to have a reasonable level of financial support to enable her to maintain the standard of living to which she has become accustomed.  The theory behind this is that the person who does not make money during the marriage is the legal--not just ceremonial--partner of the person who did make all the $$.  The partner is entitled to a portion of the income generated or enabled by their years of marriage until a substantial life change indicates that support is no longer necessary. 

Remarriage or death is usually the substantial change, but I think a sex change should qualify as well.

Originally alimony (and child support) was designed with nonworking women in mind so that women and newly single mothers would not be destitute and a drain on society, but the equality championed by courts has come to recognize that under some circumstances men are entitled to alimony too.  These days it is possible for a woman to make big bucks while the man stays home and takes care of the kids/household.  In such a case, if the couple divorces the ex wife might have to pay alimony