The Moores divorced after 25 years of marriage. Mr. Moore was ordered to pay his ex-wife spousal support that would terminate if she remarried or cohabitated with another male. After the divorce, the ex-Mrs. Moore had a sex change operation and began cohabitating with a female.

In Moore v. Moore, Mr. Moore petitioned for an end to the spousal support payments. This was clearly something that was not contemplated at the time of the initial award. The ex-Mrs. Moore was no longer a female and he was cohabitating with someone of the opposite sex. The court rejected the petition for an end to the spousal payments because the ex-wife’s financial circumstances had not changed.

This case certainty makes us rethink the basis for spousal support. Is it to correct gender inequities in our society or is it to reinforce investment in a marriage contract? If the purpose is to correct gender inequities then we certainly can argue that since he is no longer a she that spousal support should end? However, if the purpose of spousal support is the repayment of investment in a contract that was broken by the other partner, then gender or switching gender should be irrelevant. It also should be irrelevant whether the party receiving the support has remarried or is cohabitating, since the lost past investment is the same regardless of future living arrangements. The payments should also be independent of the ex-wife’s financial circumstance; otherwise, they create a disincentive for future investment in human capital.