Actress Jane Lynch who plays the feisty cheerleading coach, Sue Sylvester,
on the hit show
Glee, has said two-too many goodbyes in recent months after filing for divorce
from her wife of three years, Lara Embry, and the shocking death of her
co-star Cory Monteith.
Lynch and Embry were married in 2010 in Massachusetts and then filed for
a domestic partnership in California, where at the time same-sex marriages
were not recognized.
Although Lynch has a long resume of T.V. and film appearances, she catapulted
to fame after joining the cast of
Glee in 2009. Lynch, who has an estimated net worth of $5 million dollars,
is alleged to rake in approximately $60,000 per episode (of Glee). For
current purposes, it would be safe to assume that Lynch would likely be
the payor of support. It is not surprising that she is contesting the
California court’s jurisdiction to award
spousal support under the parties’ domestic partnership.
Embry, who is a Clinical Psychologist, is likely making a comfortable salary.
It therefore will be very interesting to see the court’s take on her
spousal support claim as the presumed lower income earner.
In Ontario, where same-sex marriages are recognized, spousal support is
determined by the need of the recipient, among other things. The length
of the marriage is also a relevant factor to consider. Therefore the fact
that Lynch is the higher income earner does not create an automatic entitlement
to support on Embry’s part.
Where same-sex marriages are concerned, an uncomfortable yet relevant factor
to consider, is how the parties will be divorced: at the time of separation,
both parties are residing in a jurisdiction that does not recognize same-sex
marriage. The law often requires that at least one party resides in the
jurisdiction whose law the party is trying to invoke. The practical effect
is that parties could be prevented from making claims for spousal support
or equalization, if they both reside in a jurisdiction that does not recognize
same-sex unions.
A particularly interesting fact about the Lynch-Embry separation is that
at the time of marriage, California did not recognize same-sex marriages,
however after the recent Supreme Court decision to set aside Proposition
8, same-sex marriages are recognized in California. It will be very interesting
to see how this case plays out. It would be a good idea to keep an eye
on this one.