The marriage of
two men in Massachusetts is not recognized by the state
of New York, but an agreement the couple made for one to pay
the other $780,000 if they split is valid and legally
enforceable, a judge has ruled. The ruling, published
Monday, came in the separation of lawyer David
Gonzalez and real estate investor Steven Green.
They moved in together in a New York City suburb
in 2001, married in February 2005, and made the
agreement the following September. Claiming cruel and
inhuman treatment, Gonzalez sought a divorce in January
2006. Green wanted a ruling that they were never
married and asked that the property he had given
Gonzalez, including a ski house and two automobiles,
be returned.
Although the marriage was void in New York,
which does not legally recognize same-sex unions, such
agreements can be made "provided only that illicit
sexual relations were not part of the consideration of the
contract," state supreme court justice Phyllis Gangel-Jacob
wrote. The judge said the agreement called for the ski
house to be returned to Green if the couple broke up.
Green's lawyer, Yonatan Levoritz, said he will
file an appeal next week to try to get his client's
$780,000 back. (Samuel Maull, AP)
