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A gay old divorce: want the full rights of marriage? Get ready for the full cost of divorce: from $1,000 to $100,000 to ... well, the sky's the limit.


Jack Venzer and Joseph Barri disagree about a basic detail of their relationship. Venzer says it lasted 20 years Barri says 18. But they agree on one fact: Their breakup breakup

The division of a company into separate parts. The most famous breakup to date was the 1984 division of AT&T (formerly, American Telephone & Telegraph Company). This breakup was intended to increase competition in the communications industry.
 was nasty.

Venzer, 49, who describes himself as a stay at-home "classic 1950s housewife," wanted to remain in the 23-room house that he owned with Barri in Melton mel·ton  
n.
A heavy woolen cloth used chiefly for making overcoats and hunting jackets.



[After Melton Mowbray, an urban district of central England.]
, Mass. Barri, 57, a partner in a Boston law firm, initially offered to pay Venzer $72,000 palimony palimony n. a substitute for alimony in cases in which the couple were not married but lived together for a long period and then terminated their relationship.  for 10 years, list him as the beneficiary of a $500,000 life insurance policy, and split equally the proceeds from selling their house. Venzer calls the initial offer "extremely generous monetarily" but says he could not accept his former partner's demand that he leave the house, even if it never sold. He brought a lawsuit against Barri, and Barri withdrew his offer as the dispute went to court.

Some gay and lesbians couples who decide to marry in Massachusetts could get a crash course in how legal divorces differ from past breakups: Not only will their split require a judge's signature, it also could require one spouse to pay alimony alimony, in law, allowance for support that an individual pays to his or her former spouse, usually as part of a divorce settlement. It is based on the common law right of a wife to be supported by her husband, but in the United States, the Supreme Court in 1979 , share retirement savings, and split up a lifetime's worth of belongings. "Right now it's fairly easy in stone-sex relationships for one person to just walk away and not give any economic support to their former partner," says Brad Sears, director of the Williams Project on Sexual Orientation sexual orientation
n.
The direction of one's sexual interest toward members of the same, opposite, or both sexes, especially a direction seen to be dictated by physiologic rather than sociologic forces.
 Law at the University of California, Los Angeles UCLA comprises the College of Letters and Science (the primary undergraduate college), seven professional schools, and five professional Health Science schools. Since 2001, UCLA has enrolled over 33,000 total students, and that number is steadily rising. . "Marriage changes that."

Venzer is convinced that he would have received a better settlement if the couple had been married. The two men, who separated in 2000, reached an agreement in 2003 that allows Venzer to live in the house until it's sold, entitles him to the first $300,000 from the house's sale and 50% of the remaining proceeds.

"To me, one of the advantages of being able to get married is being able to get divorced," says Joyce Kauffman, a family law attorney in Cambridge, Mass. "Right now, gay people don't have the structure that the divorce laws provide to heterosexual married people. They have to rely on more difficult legal theories to prove that they have a right to the distribution of assets."

Divorcing isn't cheap. After attorneys get involved, it can cost anywhere from $1,000 to $100,000. But divorce laws will place gay and lesbian couples in the right venue--family courts. They are accustomed to emotional breakups and able to protect the weaker spouse from injustice, says Jennifer Pizer, senior staff attorney in Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  for Lambda Legal Lambda Legal (Lambda Legal Defense and Education Fund) is a United States civil rights organization that focuses on gay men, lesbians, bisexuals, transgender people and those with HIV through impact litigation, education, and public policy work.  Defense and Education Fund. In Massachusetts, if a gay couple marries and later files for divorce, the state will issue an automatic restraining order restraining order: see injunction.  that prevents either spouse from selling marital assets. To decide what's fair, Massachusetts judges consider factors such as the length of the marriage and the health of the spouses.

And don't forget no-fault divorces where a spouse could owe alimony to someone who caused the breakup, says Frederick Hertz, an attorney in Oakland, Calif., and coauthor of A Legal Guide for Lesbian & Gay Couples. "It's a concept that has not caught on in the gay community," he says. "It's like, 'He left me and I have to pay him money?'"
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Article Details
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Title Annotation:Money Talks
Author:Henneman, Todd
Publication:The Advocate (The national gay & lesbian newsmagazine)
Geographic Code:1U1MA
Date:Mar 30, 2004
Words:540
Previous Article:Marry me and save: gays and lesbians who can legally marry in May could enjoy a financial boost.(Money Talks)
Next Article:Digging out of debt: for gay people, especially 20-somethings, getting ahead financially can be painful. Here are three first steps.(Money Talks)
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