Gregory Forman on Law and the Sexless Marriage



Here is another blog from my favorite family law attorney.

If adultery's bar to alimony is unjust towards women (which I believe it is)
then the fact that we punish a husband's adultery so harshly in awarding alimony
while treating a wife's loss of interest in sex as a non factor in marital fault
is equally unjust. Thus, the inspiration for this early blog:

Early in my career I handled an appeal in which the Court of Appeals affirmed,
in an unpublished opinion, the family court's order denying a wife alimony in
part due to her "lack of marital intimacies" towards my client. The Court of
Appeals cited no authority justifying a denial of alimony for a denial of
marital intimacies and I have found no published authority justifying such a
decision. However, I believe if we rightfully punish spouses who commit
adultery, we should equally punish spouses who demand celibacy.

What do you think?

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